Marry Mubaiwa: Attempted Murder Trial Restart Ordered in Zimbabwe

• Marry Mubaiwa's attempted murder trial will restart after she has spent nearly seven years on remand.
• The restart is necessitated by the promotion of Magistrate Feresi Chakanyuka to the High Court bench.
• Mubaiwa, represented by Beatrice Mtetwa, has applied for removal from remand, citing repeated state delays.
• The trial was at an advanced stage, with Vice President Constantino Chiwenga expected to testify after his doctor, John Mangwiro, had completed his evidence.
• Regional Magistrate Musaiona Shotgame postponed the matter to October 23 for a ruling on Mubaiwa's remand application.

The necessity for a complete restart means the State will have to present its entire case anew, further prolonging a legal process that has already kept Ms. Mubaiwa on remand for nearly seven years.

The attempted murder trial involving Marry Mubaiwa, the former wife of Vice President Constantino Chiwenga, is set to undergo a complete restart. This development forces Ms. Mubaiwa to continue contesting the charges against her, extending a legal battle that has already seen her on remand for nearly seven years. In response to the protracted proceedings, Ms. Mubaiwa has formally applied for removal from remand, asserting that the State has repeatedly caused delays in the case's progression.

Prosecutors, however, have indicated their preparations to re-summon witnesses to facilitate the Marry Mubaiwa attempted murder trial restart. This necessity arises from the elevation of Magistrate Feresi Chakanyuka, who was previously presiding over the trial, to the High Court bench. The change in judicial personnel at the Harare Magistrates Court mandates that the proceedings begin afresh before a new magistrate. Regional Magistrate Musaiona Shotgame has since postponed the matter, scheduling a ruling on Ms. Mubaiwa's application for removal from remand for October 23.

The duration of Ms. Mubaiwa's remand, spanning almost seven years, formed a central point of argument by her lawyer, Beatrice Mtetwa. Ms. Mtetwa highlighted that her client has remained on remand for this extensive period without the conclusion of the matter, underscoring the significant Zimbabwe criminal trial delays.

Prior to the judicial promotion, the trial had reached an advanced stage, with key testimonies already presented and others anticipated. Specifically, Vice President Constantino Chiwenga was slated to testify, following the completion of evidence by his personal doctor and former deputy health minister, John Mangwiro. Dr. Mangwiro had already concluded his testimony, setting the stage for Mr. Chiwenga's appearance. However, the Magistrate Feresi Chakanyuka promotion impact means that the planned Constantino Chiwenga testimony delay is now indefinite, as the entire process must recommence.

The elevation of Magistrate Feresi Chakanyuka to the High Court bench has profound implications for the continuity of the Marry Mubaiwa case. Such changes in judicial personnel often necessitate a complete restart of proceedings, as new magistrates must familiarize themselves with the entire body of evidence and testimony presented thus far. This procedural requirement means the State will have to present its entire case anew, further prolonging a legal process that has already kept Ms. Mubaiwa on remand for nearly seven years.

Prosecutor Lancelot Mutsokoti confirmed that the State is actively engaged in locating witnesses and re-issuing summons to ensure the trial can resume before a different magistrate. Ms. Mubaiwa, through her legal representation by Beatrice Mtetwa, continues to challenge her prolonged stay on remand, emphasizing the burden and injustice of extended pre-trial detention, especially when compounded by systemic delays and procedural resets like the current one.

Lawyers handling high-profile or complex criminal cases in Zimbabwe should note the significant procedural delays and potential for trial restarts caused by judicial promotions, which can prolong remand periods. This case highlights the need to strategically manage client expectations regarding trial timelines and to vigorously pursue applications for removal from remand when delays become excessive.

Source: Original reporting via New Zimbabwe.