By ZBC Reporter
THE High Court has postponed bail and appeal hearings for Marry Mubaiwa to the 27th of December to allow the prosecution to file its response.
Marry Mubaiwa, the estranged wife of Vice President, Retired General Constantino Chiwenga was remanded in custody on Monday. She is facing charges of attempted murder of which she was advised to apply for bail at the High court due to the seriousness of the offense, externalisation of foreign currency, money laundering and fraud which she was denied bail.
The prosecution, which is opposing both the bail and appeal for Mubaiwa said it was not ready to hear the matter which was set for today.
Through her lawyers, Mtetwa & Nyambirai Legal Practitioners, Mubaiwa is denying the charges being levelled against her. In the 13-page bail application at the High Court, the 38-year-old Mubaiwa denied attempting to kill vice president Chiwenga and said the charges were fabricated.
She also argued that her former husband had brought the murder charges against her in an attempt to force her hand in divorce proceedings that are pending in the high court.
Mubaiwa told the court through her lawyers that her alleged offence occurred when the vice president was already physically frail and nursing injuries sustained in a bomb attack in Bulawayo in June last year.
In denying charges of attempting to murder her husband, Mubaiwa told the high court that Rtd Gen Chiwenga had asked President Emmerson Mnangagwa to make arrangements to have her sent to China, where he was being treated, and also gave her money.
Mubaiwa said in her bail application that President Mnangagwa “even sent his personal security with US$30,000 for her personal upkeep and use”.
All this occurred after July 2019, Mubaiwa’s lawyers told the court that “it is inconceivable that this would have happened had she tried to murder her husband”.
As part of her bail conditions, Mubaiwa said she was willing to pay ZWL$10,000 as a bail deposit, surrender her passport to the court and report once every fortnight on Fridays at Borrowdale Police Station, in Harare.
Her lawyers asked that the former model be released on bail pending the commencement of her trial. Mubaiwa said she was in poor health, traumatised and had lost weight owing to the ordeal she had endured since being arrested at the weekend.
Her lawyers told the high court that Mubaiwa was a mother of young children who need their mother’s care. “Pre-trial detention will deny them of that,” they argued.
They added that Mubaiwa had no capacity to flee the country to escape prosecution.
In a medical affidavit accompanying her application for bail filed before the High Court, Dr Admire Virimayi Jira stated that Marry needs to be attended to by a physician, surgeon and a psychiatrist.
“Marry Mubaiwa Chiwenga is not capable to stand trial due to her current physical condition,” reads the affidavit.
“Marry Mubaiwa Chiwenga should be in a hospital and be on treatment, preferably Avenues hospital. She should be under the care of a physician, surgeon and psychiatrist of her choice.”
The development at the high court means that Mubaiwa will spend the Christmas holiday in custody.