MARRY Mubaiwa, the estranged wife of Acting President
Constantino Chiwenga, who is on remand for attempted murder, fraud and money
laundering, surrendered one diplomatic passport as a bail condition, and
retained two other valid passports, it has emerged.
It has come to the court’s attention that Mubaiwa had two
valid diplomatic passports and one ordinary passport when the High Court
recently freed her on bail.
The Acting President accuses his estranged wife of
performing rituals at his Borrowdale Brooke home and bringing in “witch
doctors”.
Two diplomatic passports (AD005170) and (AD005759) bearing
Mubaiwa’s names are due to expire on December 11 this year and November 2, 2022
respectively.
The third passport (CN701555) will expire on February 21,
2022. Opposing Mubaiwa’s application to return to Number 614 Nick
Price Drive, Borrowdale Brooke, the Acting President’s lawyers, Manase &
Manase Legal Practitioners, argued that the prosecution was not aware of the
issue when bail was argued.
He wants Mubaiwa’s bail revoked for lack of candidness. The lawyers argued that Mubaiwa, being an accused person,
could not share the house with the Acting President, who is the complainant in
two of the cases for fear of interference.
To that end, the Acting President has instructed his
lawyers to write to the National Prosecuting Authority (NPA) advising them of
the discovery.
“The State failed to indicate during the bail hearing that
I resided at 614 Nick Price Drive and a State witness could not now share the
premises with the applicant (Mubaiwa).
“I notice that she mischievously said she stays there to
cause havoc. She also surrendered one diplomatic passport yet she has two,”
reads the opposing affidavit.
The lawyers said by not surrendering all the passports she
had in her possession, Mubaiwa was not a candid person and her bail should be
revoked.
“By lying, she should have her bail revoked,” reads the
affidavit.
The Acting President stated that Mubaiwa found him staying
at the residence in question when they married and she no longer had a legal
right to be there following termination of their customary union recently.
“Number 614 Nick Price Drive, Borrowdale, is my house of
sentimental value awarded to me by the High Court in a former divorce matter by
the late Justice Mutema.
“I have no other home,” he said. He suggested that Mubaiwa must continue staying where she
is. I am a State witness and in other charges, a complainant.
Surely, she cannot stay where I am staying.
“Since her release from prison, she is staying somewhere in
one of her houses. She must stay there so as not to interfere with State
witnesses and a complainant,” he said.
The Acting President denied allegations that he abducted
their three children, saying he was taking care of the children as a natural
parent.
“The applicant was arrested and the children were left
unattended. It became incumbent on the respondent to take the children. I took
them on holiday abroad and initially they had signs of trauma as they explained
the black magic rituals they were subjected to by the applicant.
“My clothes in some cases were heaped together and sprayed
by applicant with some unknown substances.
“I had to take the children away to cleanse them of
memories of the horrors they experienced,” he said.
It was argued that there was medical evidence suggesting
Mubaiwa was unfit to take custody of the children.
“The medical affidavit on Page 12 is very clear. “The doctor concluded that she (Marry) should be under the
care of a physician, a surgeon and a psychiatrist. It is indicated that she has flashbacks, suffers from lack
of sleep and has difficulties in breathing, symptoms of illicit drug abuse.
“Applicant cannot be trusted with children in the
circumstances. While she cannot be precluded from being with and seeing the
children, the court must balance the scales as there is need for both parents
to continuously be with the children in order to ensure an unabused welfare,”
he said.
Out of the five vehicles that Mubaiwa claims to have been
deprived of, Acting President Chiwenga said, only one belonged to her.
“Applicant does not own all vehicles she is claiming. Only
the Range Rover autobiography is her car. The rest do not belong to her . . .”
Three of the vehicles belong to the Government. Herald
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