VICE President Constantino Chiwenga’s estranged wife, Marry Mubaiwa, who is in remand prison for allegedly assaulting a maid, yesterday lodged a bail appeal at the High Court.
Mubaiwa was on Saturday remanded in custody after a Harare magistrate found her to be unsuitable for bail.
She is accused of assaulting the family’s housemaid at Hellenic School in Borrowdale following an altercation over the custody of children last week.
Harare regional magistrate Ms Bianca Makwande on Saturday denied Mubaiwa bail on the basis that she had a propensity for violence.
The assault allegedly occured while Mubaiwa was on bail for several other pending criminal cases.
She is already on remand for attempted murder, money laundering and fraud.
In her bail application, she is seeking the setting aside of Ms Makwande’s decision.
“Appellant (Mubaiwa) therefore prays that the court a quo’s ruling be set aside and that she be admitted to bail on the following terms and conditions; that bail terms and conditions set in ACCCRB No25 and 26/19 be and are hereby extended to cover the assault charges.
“That the appellant not interfere with Delight Munyoro, Batsirayi Furukiya and all other named witnesses and any other condition that the court may deem necessary and appropriate in the interest of justice.”
Mubaiwa accused the magistrate of failing to take into account, the background and the full circumstances of the case, including the fact that a superior court had granted her bail on more serious charges.
She said the court should consider that the allegations levelled against her suddenly took centre stage at a time her husband, a powerful politician, sought to end their customary union.
She stated that the complainant and other witnesses in the assault case were under her husband’s control.
Through her lawyers, Mtetwa and Nyambirayi Legal Practitioners, Mubaiwa acknowledged that she clashed with Ms Munyoro over the children’s issues.
“At the end of the day on January 27, 2020, the appellant received reports from her older children that the younger children had shunned them and when approached they would go away and when she asked about their behaviour they advised that Delight Munyoro the woman who looks after them had strongly warned them not to speak to their older siblings.”
She denied ever assaulting Munyoro saying her hands and arms are swollen and painful.
Mubaiwa said there was no way she could have assaulted Munyoro because she was surrounded by security personnel.
“On the 28th January 2020 when she went to collect the older children from school. She saw the complainant sitting in a vehicle with the usual security details from the army and Central Intelligence Organisation.
“She asked the complainant why she had instructed the younger children not to speak to their siblings and the complainant responded that the applicant should be thankful and grateful that she was caring for the children as their father, obviously could look after them.
“There was no physical contact as complainant had armed personnel and was also sitting in the car,” said Mubaiwa’s lawyers.