UPDATED: Marry Mubaiwa granted bail

By Margaret Matibiri
THE ESTRANGED wife of Vice President, Retired General Constantino Chiwenga, Marry Mubaiwa has been granted bail by High Court judge, Justice Pisirayi Kwenda indicating that submissions by the State that were accepted by the court in denying Mubaiwa bail were not fair.
Mubaiwa’s appeal against the Magistrate Court’s ruling denying her bail was upheld and she was granted bail on condition that she deposits ZWL$50 000 bail, surrender her diplomatic passport among other conditions.
“The State submitted there was a perception of catch and release. The State suggested that the perception arose from the fact that persons facing corruption charges who are admitted to bail absconded trial after their passports were returned to them and in some cases without passports,” reads the ruling, by Justice Kwenda.
“The submission by the State in the court a quo, which was accepted and adopted by that court, constituted the kind of megaphone posturing or grandstanding not only misplaced and unfortunate but which must be avoided by an officer of court. It is not fair for a court official to mislead the public by blaming the bail system for the inertia in the fight against corruption.”
“The appeal against the decision of the Harare Regional Court for the Eastern region sitting at Harare denying the appellant bail pending trial is upheld and the decision of the court a quo is hereby set aside.
“The decision of the court a quo is substituted with the following, the accused is hereby admitted to bail pending trial, the accused shall deposit the sum of $50 000 with the clerk of court at Harare Magistrates court, the accused shall reside at her Borrowdale Brooke residence in Harare. The accused shall surrender her diplomatic passport to the clerk of court at Harare Magistrate’s court. The accused shall report to the Police at Borrowdale Police Station once a fortnight on a Friday. The accused shall not interfere with State witnesses.”
Also, the clerk of court shall accept as surety a Highlands Estate held by KM Auctions (Pvt) accompanied by the necessary resolution of the directors (and shareholders) of KM Auctions (Pvt) Ltd, Keni Mubaiwa and Helga Junior Mubaiwa after her father, Keni Mubaiwa offered his property surety to get her freedom.
Mubaiwa is facing a cocktail of charges ranging from attempted murder, fraud, externalisation of funds and money laundering. She has been in remand prison since December 16 as she spent the festive holidays locked up.
She is set to appear in court on January 14 for routine remand.