Mathew Masinge, Court Reporter
The High Court has deferred to tomorrow Marry Mubaiwa’s assault bail hearing to allow the State to file its response.
Marry who has a pending divorce case with Vice President Constantino Chiwenga was back in custody on Saturday for allegedly assaulting the family’s house help after an altercation.
Prosecuting, Michael Reza submitted that he was only served with the bail application on Monday and was yet to apply his mind in response.
Reza who is also engaged in other matters in Kadoma, applied that the matter be postponed to Friday to allow him to properly argue the matter.
However, Marry’s lawyer Beatrice Mtetwa argued that Reza’s receipt of the application should not come as a surprise since he was among a four-member team that opposed the bail hearing at the magistrate’s court.
“The State seem to forget that the admission to bail is a right and according to the rules it must be heard within the stipulated 48 hours period,” argued Mtetwa.
Justice Erica Ndewere postponed the hearing to Friday.
Meanwhile, Justice Pisirayi Kwenda has ordered Marry Mubaiwa to continue residing at her mother’s residence in another matter the National Prosecution Authority was seeking her bail variation.
As part of her bail conditions, Marry was ordered to surrender her second passport and reside at 64 Folyjon Crescent, Glen Lorne, Harare.
According to the Judge, the variation serves to settle down emotions between the estranged Marry Mubaiwa and Vice President Chiwenga.
He said parties should not be expected to peacefully co-exist with a pending attempted murder allegation between them.
“The Respondent (Marry)’s husband, who is the complainant in the attempted murder case, is living at the matrimonial home.
“I only became aware of that through this application. I would not have allowed a situation where the parties lived together under the same roof…,” he said.
The judge said it was also in the interest of justice to vary Marry’s bail conditions.
“I therefore find that it is in the interest of justice to vary the accused person’s residence on the two bail orders under the under the circumstances.
“Consideration must be given that the respondent cannot reside at two different addresses at the same time,” he said.
The parties who also appeared in Chief Justice Luke Malaba’s chambers after Vice President Chiwenga challenged her child custody and access to the pair’s Borrowdale matrimonial home, consented to a later date.