Vice President Constantino Chiwenga’s ex-wife, Marry Mubaiwa is seeking staying of her prosecution due to poor health.

Mubaiwa has been ill for over four years and has already lost two limbs – right hand and left leg to lymphodema.

She is on trial for attempting to kill the former Army General when he was sick and admitted at a hospital in South Africa.

Mubaiwa is also facing money laundering charges but her criminal cases have taken long due to her poor health.

On Tuesday, she was wheeled to the courtroom.

There are incidences in which she was taken to court in an ambulance with nurses attending to her in court, sometimes collapsing in the court corridors.

Her lawyer Beatrice Mtetwa said it would be best to stay her prosecution because the former model cannot even give her legal team instructions.

A similar request was also made at the High Court.

“Applicant cannot fully enjoy the right to a fair hearing which I am advised includes the right to be physically and mentally capable to follow the full proceedings, the capacity to give instructions to one’s legal representative throughout the proceedings and if put on her defence, the right to cogently testify on the issues raised in evidence and to generally give her version of events.

“I am able to say that the applicant is currently unable to fully exercise all of those rights due to all the issues I have raised above. In particular, I point out that with regard to the money laundering case, the State papers were provided to the defence when the applicant was already on heavy medication, had already lost a limb and was trying to avert the loss of her leg.

“Consequently, she has been unable to give instructions on the documents supplied by the State in November 2023 with the result that her legal team only has general instructions from the period of her arrest when no document had been provided save for the general allegations given on remand,” Mtetwa said.

Mtetwa said it would be in the interest of justice if her client is given a break adding that the court has the inherent power to terminate uncompleted proceedings where exceptional circumstances exist and where continuation of the proceedings would result in a miscarriage of justice and would be incapable of being redressed in any other manner.

Lancelot Mutsokoti representing the State said they will be guided by the High Court ruling on a similar application made by Mubaiwa.

Magistrate Feresi Chakanyuka will give her ruling on the request on November 22.