HARARE – Vice President Constantino Chiwenga’s estranged wife, Marry Mubaiwa, was ordered released on bail by the High Court on Friday after a judge ruled that a magistrate was wrong to refuse her bail.
Justice Erica Ndewere ordered Mubaiwa to post bail of $1,500.
The 38-year-old former model, already out on bail after being charged with fraud, money laundering and the attempted murder of her husband last December, was arrested on February 1 accused of backslapping her child minder at a school on January 28.
As part of her bail conditions, Ndewere ordered Mubaiwa to continue residing at Number 40 Folyjon Road in Glen Lorne, her parents’ place of residence.
She was also ordered not to interfere with state witnesses in the assault – her accuser Delight Munyoro and one Batsirayi Furukiya.
Ndewere said the prosecution had failed to place before the courts any compelling reasons to support their opposition to granting of bail.
“If the state felt she has a propensity to commit a similar offence, it ought to have led evidence but there was no evidence placed before the court. The state is relying on mere allegations (attempted murder of Chiwenga) which the appellant denies,” the judge said.
“If she had admitted, indeed the state’s argument would have been correct. In this instance, we are dealing with an allegation which is yet to be proved which means the magistrate misdirected herself in agreeing on submissions by the state regarding them as proven facts.
“Therefore, this court will set aside the misdirection and place it’s ruling.”
Ndewere however said the court frowns upon the behaviour exhibited by Mubaiwa after she admitted confronting Munyoro, although she denied assault. The judge said the fact that the confrontation took place at a school and in front of her children at a time when she was on remand for other criminal charges did not cover her in glory.
Michael Reza, appearing for the state, had challenged the bail application arguing that the fact she allegedly committed an offence while on bail weighed against her.
Mubaiwa will be back in court on February 14 for her routine remand.
Through her lawyers, Nyambirai and Mtetwa, Mubaiwa denies prosecution claims that she slapped Munyoro with the back of her hand following a row at Hellenic School in Borrowdale.
Instead, the lawyers say the charge has been fabricated by Chiwenga who is allegedly using the legal system to frustrate his wife and gain an upper hand in their ongoing divorce battle.
The lawyers admit that there was an exchange of words between Munyoro and Mubaiwa. The latter was furious after her two older children, whom she had before marrying Chiwenga in 2011, told her that Munyoro had instructed the couple’s younger children aged eight, seven and five to shun their siblings.
Mubaiwa’s children born out of wedlock attend Hellenic School, along with two of her children with Chiwenga. Until December, when Mubaiwa was arrested, all the children lived at the couple’s Borrowdale mansion.
