BY COURT REPORTER TWO Harare High Court judges yesterday ordered the release of Vice-President Constantino’s estranged sick wife Marry Mubaiwa, describing the lower court’s decision to commit her to a 10-day remand incarceration for mental examination as “capricious” and “arbitrary”.
Justices Benjamin Chikowero and Pisirayi Kwenda made the ruling after Marry had approached the High Court on appeal following her incarceration by magistrate Lazini Ncube last week.
Marry is facing a string of trials on separate charges, but her lawyers Beatrice Mtetwa and Doug Coltart said she is not physically or mentally fit to through the trials.
Her lawyers accuse Chiwenga of interfering with legal processes to keep her behind bars.
Medical reports submitted in court have detailed the true extent of her medical troubles after she was diagnosed with acute lymphoedema, but the prosecution has challenged the diagnosis and wants her tried for fraud, false representation, assault, money-laundering and the alleged attempted murder of Chiwenga in 2019.
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