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Prosecution seeks order to vary Mubaiwa’s bail conditions

By Fidelis Munyoro

The State wants Marry Mubaiwa, the estranged wife of Acting President Constantino Chiwenga, to surrender into court custody as part of her bail conditions all three valid Zimbabwean passports reportedly issued to her and to live at a different address from the matrimonial Borrowdale home she shared with her husband.

Mrs Mary Chiwenga – Picture by Kudakwashe Hunda

She is on remand for attempted murder, fraud and money laundering and surrendered just one diplomatic passport as a bail condition set by the High Court. Now the State has been informed there is a second diplomatic passport, expiring on December 11 this year, and an ordinary Zimbabwean passport expiring on February 21, 2022.

The prosecution wants all three in the custody of the court until the trial is over.

The application has been set for hearing today before Justice Pisirayi Kwenda.

Acting President Chiwenga, who is accusing his estranged wife of performing rituals at his Borrowdale home and bringing in “witchdoctors”, opposes Mubaiwa’s request to reside at 614 Nick Price Drive, Borrowdale.

Through his lawyers, Manase & Manase Legal Practitioners, the Acting President argued that the prosecution was not aware of the issue when bail was argued.

He contends that Mubaiwa, being an accused person, could not share the house with the Acting President, who is the complainant in two of the cases for fear of interference.

The Acting President instructed his lawyers to write to the National Prosecuting Authority on the matter and his lawyers contend that by not surrendering all the passports she had in her possession, Mubaiwa was not a candid person and her bail should be revoked.

However, the prosecution is returning to the High Court seeking an order varying her bail conditions.

Meanwhile, another judge Justice Christopher Dube-Banda is expected to preside over the civil case in which Mubaiwa wants custody of the couple’s three children. The matter was last week deferred to give the two parents a chance to hammer out a settlement. The Chronicle