Marry Mubaiwa acquitted
Marry Mubaiwa has been acquitted on allegations of assaulting her maid at a private school by a Harare magistrate.
Marry, represented by human rights lawyer Beatrice Mtetwa, applied for discharge at the close of the State’s case saying there was no case against her.
The court ruled that vidence of the State’s witnesses was riddled with inconsistencies.
Marry, however, still has other charges before the court, which include attempted murder and money laundering.
She was convicted on a charge of trying to coerce her former husband Constantino Chiwenga into marriage.
On the assault case, she had denied the allegations saying her health condition characterised by swollen hands made it impossible for her to slap one Delight Munyoro as was alleged.
She insisted that there was no physical attack on Munyoro although there was a verbal exchange which cannot amount to an assault.
“She will deny assaulting the complainant with whom she had a verbal exchange. She will point out that her limbs were severely damaged at a bomb blast in Bulawayo and that her arms were weakened by these injuries and that her hands and feet remain sore and swollen and it is inconceivable that she would have used such weakened hands as a weapon.”
The State had alleged that on January 28 2020 at around 1205hrs, Munyoro went to Hellenic Primary School in Borrowdale, Harare to pick Marry’s son and she was at the waiting area.
The driver reportedly went and collected the child with Marry following behind while Munyoro was seated in the car.
The State alleged that when they got to the car, Marry confronted Munyoro accusing her of instructing her children not to talk to her, allegations the complainant denies.
It was further alleged that Marry started shouting at Munyoro accusing her of being a witch.
Munyoro, however, allegedly remained calm but Marry apparently struck her once on the cheek with the backside of her hand.
The State claimed that Munyoro sustained a cut on the left side of her mouth and one of her teeth was shaking.