Tuesday, 14 January 2020

MARRY RETURNS TO COURT



MARRY Mubaiwa, the estranged wife of Acting President Chiwenga, who is facing charges of attempted murder, money laundering, foreign currency externalisation and fraud has appeared for routine remand at the Harare Magistrates court and has been remanded out of custody to the 14th of February 2020.

Mubaiwa was granted ZWL$50 000 bail by the High Court on the 6th of January 2020 after spending the Christmas and New year holidays in custody.

Mubaiwa is accused of trying to kill her former husband, Retired General Constantino Chiwenga during the time he was sick in South Africa by allegedly removing life support medical equipment on her husband.

In granting bail, the High Court judge, Justice Pisirayi Kwenda indicated that submissions by the State that were accepted by the court in denying Mubaiwa bail at the lower court were not fair.

“The State submitted with 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,” read the ruling, by Justice Kwenda.

“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.”

On Charges of attempted murder on the vice president, the 38-year-old Mubaiwa denies attempting to kill her former husband saying the charges were fabricated. She argues 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, adding that “it is inconceivable that this would have happened had she tried to murder her husband”.
On charges of externalisation of foreign currency, money laundering and fraud, Mubaiwa argued that the State has no reason to charge her, 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.

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