Harare Regional Magistrate Musaiona Shortgame has acquitted Marry Mubaiwa of attempting to murder her ex-husband, Vice President Constantino Chiwenga.
Mubaiwa was accused of unplugging Chiwenga’s life support system while he was admitted to a hospital in South Africa in July 2019.
The acquittal follows an application by the State to postpone the trial to 25 November to allow prosecutors time to trace witnesses and reissue summons.
The case has been running for seven years. Mubaiwa has remained on remand throughout that period.
Last week, the Harare Magistrates’ Court ruled that the trial would have to start afresh after the presiding magistrate, Feresi Chakanyuka, was elevated to the High Court bench.
The trial had reached an advanced stage. The court had already heard evidence from Chiwenga’s personal doctor, former deputy health minister John Mangwiro, with the Vice President expected to testify next.
Mangwiro told the court that in July 2019, while Chiwenga was hospitalised in South Africa, he heard him screaming in agony after Mubaiwa allegedly pulled out an intravenous tube inserted into his chest. He said medical staff entered the room quickly and no significant damage was caused.
He also said Mubaiwa would sometimes ask for privacy with Chiwenga and that he had reported his concerns to the Office of the President and Cabinet by telephone.
Defence lawyer Beatrice Mtetwa challenged his account. She questioned why the alleged incident was not recorded in hospital notes, why other witnesses had not mentioned it in their statements, and why forensic results relating to blood allegedly found on Chiwenga’s T-shirt had never been produced.
Mtetwa argued the allegations were an afterthought stemming from the breakdown of the couple’s marriage in 2019 and accused Mangwiro of fabricating evidence. He denied this.
In his ruling, Magistrate Shortgame said Mubaiwa had suffered mental, physical and financial prejudice as a result of the prolonged proceedings.
Prosecutor Lancelot Mutsokoti had earlier told the court the State was locating witnesses to enable the trial to resume before a new magistrate.
Mubaiwa, who has had an arm and a leg amputated during the course of the proceedings, had applied for removal from remand, accusing the State of repeatedly delaying the case.