Marry Mubaiwa’s desperate bid to halt trial proceedings hit a brick wall after prison doctors on Monday certified her fit to stand trial.
The former model, who has been arguing in court that she was physically and mentally unwell stand in the dock, was last week remanded in custody for 10 days to be examined by prison doctors after the court heard that she was distressed.
On Monday, the court concurred with doctors Moses Kadhau and Itayi Macheka who certified Mubaiwa to be tried saying there was no evidence that she suffers from mental illness.
The matter was remanded to December 6 for trial.
Mubaiwa, hrough her lawyer Beatrice Mtetwa, has been challenging the commencement of her trial in a case she is accused of assault and, another of fraud and forgery.
Mubaiwa’s lawyer Beatrice Mtetwa had opposed the postponement for trial saying the doctors that examined Mubaiwa had did not state their qualifications for the court to know if they are specialized in detecting mental health status.
Mtetwa further said it was surprising that the doctors sent the report to the registrar of High Court one Ndiroweyi instead of sending it to the magistrate who is dealing with the matter at the lower court.
“The report is not clear. The report was stamped by the registrar of High Court Ndirowei. Why is a doctor asked by a magistrate to examine the accused and then sent the report to the High Court,”Mtetwa said.
“The first medical report by doctor Moses Kadhau did not state which qualifications he posses. It is not stated in the report, the examination cited of state of mind is not stated in the report.The requirements 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 ones mental strength,” Mtetwa further said.
She said the only mental health specialist is by Doctor Mazhandu who stated that Mubaiwa was not fit to stand trial saying it is because she has qualifications in mental health.
“The only report we have is from a psychiatrist that she is not fit.The high Court was clear that section 28 of the mental health act is of no application to the accused condition. Did we have valid medical report under that mental health act section, there was no basis for referral at the first place,”she said.
Mtetwa said the court can allow the prison doctors to come and testify in court and give oral evidence to substantiate their report.
“We want them to testify so that we know if they are qualified to look into the mental strength of the accused person. Doctor Mazhandu has a masters degree in mental health, has a diploma in mental health and other courses of mental health. We might have had reports from the wrong people. We would like the doctors to be called,”Mtetwa said.
She further said it boggles mind that the State and court want to force and try someone who is not well saying what type of justice the state and court want to achieve.
“Its just boggled the mind that the state and court want to try someone who is not well. What type of justice do you want to achieve. You want to force to try her, 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 Mubaiwa’s husband Chiwenga is flying to South Africa, India and China seeking medication but Mubaiwa is being denied that chance.
“Her husband if flying out to India, South Africa and China so why her. She is being denied because these courts are conflicted and they are the one denying her passport to go and seek medical examination,”Mtetwa said.
However, Chirambira said he will respond to relevant issues raised and not the politics behind the matter saying they are in court to deal with factual issues.
