MARRY MUBAIWA, the estranged wife of Vice President Constantino Chiwenga, will spend Christmas in custody after the High Court postponed her bail and appeal hearings to December 27, to allow the prosecution to file its responses.
Mubaiwa is being charged for fraud, attempted murder, externalisation of foreign currency and money laundering.
The two matters had been set for yesterday before Justice Webster Chinamora, but the prosecution, which is opposing the applications, was not ready.
Prosecutor Mr Lovet Masuku applied for postponement saying the State was not ready to argue the matter.
He said they needed time to peruse the record of proceedings from the magistrate’s courts, before they filed their responses.
This, said Mr Masuku, will allow them to make a meaningful argument.
Mubaiwa’s lawyer, Mr Taona Wayne Nyamakura of Mtetwa & Nyambirai Legal Practitioners, did not oppose the application for postponement.
“The Clerk of Court has not yet transcribed the record of proceedings from the magistrates’ courts,” he said. “The record is not yet before the High Court. As a result of that we have to wait for the State to respond on Tuesday then the court will have to hear us on the 27th of Decem- ber.”
Justice Chinamora agreed with the submissions by both parties’ counsel and deferred the matter to December 27.
“The matter is postponed to allow the prosecution to file their responses on December 24, before we hear arguments on both matters on December 27,” he said.
Mubaiwa is denying the charges being levelled against her. She is seeking bail pending trial in respect of the attempted murder charge and an appeal in the same court against the refusal by Harare magistrate Mr Crispen Mberewere to grant her bail on Monday on the other charges.
In their application, the lawyers argue that Mubaiwa was not a danger to society and that she had no capacity to interfere with State witnesses, who are members of the security services.
It was also stated in the bail documents that Mubaiwa had young children who still need her love, nurturing and care.