Court throws out Mubaiwa’s postponement bid in Chiwenga attempted murder trial

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By Erica Jecha

A HARARE magistrate this week threw out an application for trial postponement in a case where Mary Mubaiwa is accused of the attempted murder of former husband Constantino Chiwenga.

The case was however, still put off to January next year due to the unavailability of the accused’s legal representative.

Mubaiwa denies allegations she tried to kill vice president Chiwenga while he was hospitalised and critically in in South Africa back in 2019.

Through her attorney Beatrice Mtetwa, Mubaiwa had filed an application for deferment of proceedings, citing that they had another matter pending review at the High Court.

However magistrate Feresi Chakanyuka rejected the application in a ruling delivered Thursday.

“There isn’t enough evidence placed on record to render the application necessary and expedient,” ruled the magistrate.

“The application lacks enough legal backing and the applicant did not address the court on the prospects of success of the High court review.

“One cannot put something on nothing, it will collapse. The application is hereby and is therefore dismissed.”

However, Mubaiwa’s lawyer for the day, Ryan Sthothombe, standing in for Mtetwa submitted that the latter was out of the country in South Africa for medical attention.

“The court will know from the previous sitting that Mtetwa is having an operation, and that will cause her not to be able to walk on her own without the help of crutches,” said Sthothombe.

“As such, we require that the trial be postponed to the 17th of January so that the accused will be awarded their constitutional right to a legal practitioner of choice.”

The court deferred the matter, after the prosecution indicated it was not opposed to the request.