The court was left in shock on Monday after it was heard that some of the court papers in Mary Chiwenga’s case were missing.
This was revealed after two medical doctors who testified on Mary Chiwenga’s health condition, on whether the medication she is taking has some effects on her causing her not to fit for trial.
One of the doctors, Dr Charlse Nyamukachi, who is a physician at Parirenyatwa hospital said that the clinical director never showed him the court order which states that the matter he was supposed to attend to was of the state of mind.
Dr Nyamukachi said he was surprised to see the court order in court but when papers reached to him it was just a letter from the lawyers that Mubaiwa wanted to be examined.
He also disclosed that Mubaiwa’ illness is deteriorating with her limbs swollen and have deep scars which are about 10 to 15 meters.
Another Doctor Fungai Mazhandu who also testified as a state witness and is also the head of psychiatric at Parirenyatwa hospital said that she neither saw nor heard about the papers from the court but as a psychiatrist she just assumed that she is needed to check the mental health of Mubaiwa.
She also told the court that from her examination Mubaiwa has depression and anxiety issues which are caused by various issues which include the separation from her children and her physical illness.
However, state prosecutor Michael Reza made an application that Mary Mubaiwa Chiwenga be declared as a mentally disordered person and that the court should apply the provisions of section 26 of the mental health act.
Mubaiwa’s lawyer Beatrice Mtetwa argued with Reza saying that the mental health act can not be raised because there are reasons which the doctors clearly states are causing her depression.
She said Mubaiwa had several times applied to be allowed to access specialist treatments which she had before the arrest but the court had been denying to release her passport so that she can travel.
“The court has been denying to give her passport so that she can get treated. The accused is so wanting to have her matters finalized, she wants to be treated so that she can be fit to stand trial,” said Mtetwa.
Doctor Mazhangu also told the court that the medicines which Mubaiwa is taking have an effect on her mental health.
Mtetwa however, counter applied for the release of Mubaiwa’s passport saying that there is no doctor who is qualified to deal with her health locally.