Marry fit for trial: Doctors 

Source: Marry fit for trial: Doctors – NewsDay Zimbabwe

BY DESMOND CHINGARANDE
GOVERNMENT doctors have certified Vice-President Constantino Chiwenga’s estranged wife Marry Mubaiwa fit to stand trial, but her lawyers dismissed the medical report as dubious.

Mubaiwa was recently remanded in custody for 10 days pending a medical examination to ascertain her mental preparedness to stand trial. Her lawyer Beatrice Mtetwa challenged her detention in a bid to secure her release.

Prosecutor Tafara Chirambira told the court yesterday that medical examinations by prison doctors Moses Kadhau and Itayi Macheka showed that Mubaiwa was not suffering from a mental illness.

“Your worship, a medical report by two government doctors — Moses Kadhau and Itayi Macheka — shows that the accused is fit to stand trial.  The State is now ready to set the matter for trial. The State shall proceed to trial on December 6. So we apply that the matter be postponed to that date,” Chirambira said.

But Mtetwa questioned the medical report, arguing that the doctors did not state their qualifications.

Mtetwa also questioned why the doctors sent the medical report to the High Court registrar, one Ndiroweyi, instead of sending it to a magistrate dealing with the matter.

“The report is not clear. The report was stamped by the registrar of the High Court one Ndirowei. Why did a doctor asked by a magistrate to examine the accused send the report to the High Court?” Mtetwa asked.

“The first medical report by doctor Moses Kadhau did not state which qualifications he possessed. The examination cited of state of mind is not stated in the report. The requirement of the doctor to examine state of mind is not stated. So the finding or opinion of the doctor whose qualifications we don’t know is difficult to accept.

“Another doctor Itayi Macheka, other than the basic medical degree, there are no qualifications stated to note that he is qualified to examine one’s mental strength.”

Mtetwa said they only trust the opinion of mental health specialist Fungisai Mazhandu, who stated that Mubaiwa was not fit to stand trial.

Muzhandu said Mubaiwa exhibited signs of failure to concentrate when she examined her.

“We want them (prison doctors) to testify so that we know if they are qualified to look into the mental strength of the accused person. Doctor Mazhandu has a Master’s Degree in Mental Health; has a Diploma in Mental Health and other courses on mental health. We might have had reports from the wrong people. We would like the doctors to be called,” Mtetwa said.

“It just boggles the mind that the State and court want to try someone who is not well. What type of justice do you want to achieve? Look, she is sleeping in this court, but you just want to have a conviction against her. She is not well. A government doctor said that.”

Mtetwa said Chiwenga was flying to South Africa, India and China seeking medication, but Mubaiwa was being denied the same.

“Her husband is flying out to India, South Africa and China so why her? She is being denied because these courts are conflicted and they are the ones denying her passport to go and seek medical examination.”

Chirambira said he would respond to relevant issues raised and not the politics behind the case. He said there was nothing they could do except to commence trial after the prison doctors certified Mubaiwa fit.

Magistrate Lazini Ncube ruled that the matter would proceed to trial on December 6. Mubaiwa faces charges of fraud, false representation, assault, money-laundering and the alleged attempted murder of Chiwenga in 2019.

 

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