Mary Mubaiwa who was facing charges on attempted murder of her husband, was dismissed by High Court Judge Justice Benjamin Chikowore of her plea for alteration of her bail conditions arguing that the latter had not presented adequate information to the court to allow alteration of her bail condition.
Due to her condition of Lymphoedema- described as a build-up of fluids in body tissues which can nolonger be drained leading to massive swelling and wounds, Mary had approached the Court through her lawyer Beatrice Mtetwa so that she would go and see a doctor, Sydney Makarawo and South Africa-based J Van Heerden, who had written letters requesting that Mary gets treatment in the neighbouring country.
Justice Chikowore questioned how Doctor Van Heerden was making detailed accounts for Mary since she had not travelled to South Africa due to lockdown restrictions. Nothing proved that he had treated Mary since December 4 last year.
“The applicant says she sought medical treatment in Zimbabwe post December 4, 2019. She says those efforts have been in vain and nothing has changed.
“She has produced neither medical report nor other medical records to substantiate her assertion that she has failed to obtain the care that she needs in the country.
“I only have Makarawo’s letter written on November 6. So, there is that gap in the evidence.
“The applicant has placed inadequate information before the court to warrant alteration of her bail conditions. In the result, the application is dismissed,
“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,” Chikowore said.
Mary surrendered her passport as part of bail conditions and now she requires it to travel to South Africa. She is also facing a US$2 million money laundering externalisation charge and assulting her child’s minder.
However, the basis of their arguement was on South Aftican Doctor’s narration which was dismissed by the Court.
On 21 January she is expected to be back in court.