Saturday, 1 February 2020

WHY I REMANDED MARRY IN CUSTODY


VICE President Constantino Chiwenga’s estranged wife, Marry Mubaiwa, was yesterday  denied bail for allegedly assaulting the family’s housemaid at Hellenic School in Borrowdale following an altercation over the custody of children last week.

She was remanded in custody to February 14. In passing the ruling, Harare regional magistrate Mrs Bianca Makwande said although the case was one of common assault, the accused had a propensity for violence since she committed the crime while on bail for another case. 

The State was represented by prosecutors Clemence Chimbare, Michael Reza, and George and Tinashe Manokore.

The four argued that granting Mubaiwa bail would undermine the bail system as her actions showed she was “unrepented and had total disregard of the judiciary system”.

It is the State’s case that on Tuesday last week, Mubaiwa slapped Delight Munyoro (38) using the back of her hand resulting in the complainant sustaining a cut on the cheek and a loose tooth.

According to court papers: “On the 28th of January 2020 at around 12.05 hours, the complainant (Munyoro) proceeded to Hellenic Primary School, Borrowdale, Harare, to collect Michael Chiwenga, son of the accused person and Vice President Chiwenga. 

“When it was time to collect the child, Batsirai Furukiya — the driver (of VP Chiwenga) — went to collect the child and the complainant (Munyoro) remained seated in the vehicle.

“When the driver was walking with the child, going to where the vehicle was parked, the accused person followed behind.

“When she arrived at the vehicle, where the complainant was seated, she started shouting at Munyoro accusing her of being a witch.

“The complainant remained quiet whilst in the car and the accused struck her once on her left cheek,” reads part of the court papers.

Mubaiwa is being represented by Harare lawyer Ms Beatrice Mtetwa.

Last week, Ms Mubaiwa won a High Court appeal for custody of the couple’s three minor children and access to the matrimonial home.

But her joy was short-lived after VP. Chiwenga filed a notice of appeal at the Supreme Court, challenging the lower court’s decision.

The filing of a notice of appeal effectively suspends the court ruling until determination of the appeal.

Ms Mubaiwa was last month granted $50 000 bail for attempting to murder VP Chiwenga, illegally externalising US$1 033 000, laundering US$990 000 and fraudulently seeking to upgrade her customary union to a civil marriage without her husband’s consent. Sunday Mail

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