Marry Mubaiwa bail application, high court reserves judgement

By ZBC Reporter
THE High Court has reserved judgement on both applications for bail by the estranged wife of vice president, Retired General Constantino Chiwenga, Marry Mubaiwa.
The bail application was heard before Justice Pisirayi Kwenda. Marry Mubaiwa was denied bail at the Harare magistrates court on the 16th of December 2019 and this Monday she was further remanded in custody to the 14th of January 2020.
In the case in which she is accused of externalising foreign currency, money laundering and fraud, Mubaiwa was denied bail and in the case of attempted murder on vice president Chiwenga, she was referred to apply for bail at the upper court due to the seriousness of the offence.
Challenging a Harare magistrate, Chrispen Mberewere’s decision to deny her bail, Mubaiwa through her lawyer, Silvester Hashiti, said the State will have no problems in extraditing her from South Africa in the event that she crosses the border into South Africa, since her properties were already known and identified.
She also argued that she was not a flight risk, who could be detected by anyone in the event that she decides to leave the court’s jurisdiction. Mubaiwa in her bail appeal argued that the State has no reason to deny her liberty, as the offences she is accused of were committed through her companies, where she is only a director. She said the State was supposed to charge the companies and not her.
Mubaiwa also denied ever fraudulently attempting to register her marriage with VP Chiwenga, saying how could she have prejudiced him when they were already in marriage. The State led by Mrs Sharon Fero and Mr Lovett Masuku argues that Mubaiwa was facing serious charges that could earn her at least 25 years in jail or be ordered to repay twice the amount she allegedly prejudiced the State. Justice Kwenda reserved judgment in her bail appeal.
In her bail application on attempted murder charges, Mubaiwa said the allegations raised against her lack credibility and circumstances surrounding the charges were doubtful. She said the state only has circumstantial evidence as it alleges that the offence was committed when there was no one to witness the incident. Mubaiwa also said with the type of wounds and swells she has, it will be difficult for her to abscond.
She then handed the court pictures showing her wounds. The State led by Mr Lovett Masuka opposed granting her bail arguing that with the information the State has, she was likely to abscond. Although he could not tell when Mubaiwa will be tried, he said the State has overwhelming evidence against her and extra-territorial investigations were still underway.
Meanwhile, Football administrator and businessman, Kenny Mubaiwa, who is Marry’s father, has volunteered to deposit title deeds to his properties at No.102 Seke Road as part of security and part of bail condition. Justice Kwenda also reserved judgment in this bail application.