Mathew Masinge, Court Reporter
High Court Judge Justice Benjamin Chikowero has dismissed Marry Mubaiwa’s plea for alteration of her bail conditions with argument that the latter placed inadequate information before the court to warrant alteration of her bail condition.
Mubaiwa through her lawyer, Beatrice Mtetwa had approached the court citing that she had to seek medical assistance in South Africa.
In making his determination, Justice Chikowero said Mubaiwa’s case lacked merit.
“Applicant has placed inadequate information before the court to warrant alteration of her bail condition.
“In the result, the application is dismissed,” reads the judgment.
Justice Chikowero said Mubaiwa failed to substantiate her claims.
“She has produced neither medical reports nor other medical records to substantiate her assertion that she had failed to obtain the care that she needs in this country.
“I only have Mr Makarawo’s letter, written on November, 6, 2020.
“So there is that gap in the evidence,” he noted.
The court also labelled Mubaiwa’s application as one sided.
“What I have before me by way of Mubaiwa’s application is one sided.
“It is true the National Prosecution Authority concedes that she is unwell, it is true also that she needs treatment, but that cannot be the end of the matter.
“Indeed papers from her own doctors contain some grey areas. Mr Makarawo first attended to her on November 6, 2020.
“He diagnosed her with lymphoedema and recommended that she be treated in South Africa because he believes that there are specialists there.
“I have already rejected his assertion that there are no lymphoedema specialists in Zimbabwe.
“Dr J van Heerden might have been treating Mubaiwa before her arrest on December 4, 2019, but no evidence was placed before me to prove that he or she attended to her since then,” continued the ruling.
Mubaiwa had told the court that she had not travelled since her arrest and local treatments were worsening her condition.
However, her lawyers based their argument on the South African doctor’s narration which the court dismissed for lack of merit.
Marry Mubaiwa is facing six counts of contravening the Exchange Control Act, six counts of contravening the Money Laundering Act, fraud, attempted murder and assault charges.
She is expected back in court on January 21.