Yeukai Karengezeka Court Correspondent
Marry Mubaiwa, the estranged wife of Vice President Constantino Chiwenga, was yesterday granted $1 500 bail coupled with stringent conditions by High Court Judge Justice Erica Ndewere.
Mubaiwa, who has been in custody since last Saturday after being denied bail by Harare magistrate Mrs Bianca Makwande, is facing assault charges. She allegedly assaulted the family maid, Delight Munyoro, at Hellenic School in Borrowdale following an altercation over the custody of children last week.
Justice Ndewere upheld the appeal against the decision by Mrs Makwande of denying her bail on the basis that she had a propensity for violence.
Mubaiwa was also ordered to stay at her parents’ residence in Glen Lorne until the matter is finalised and not to interfere with State witnesses who include Munyoro and Batsirayi Furukiya.
She is required to report once every fortnight on Fridays at Borrowdale Police Station.
Justice Ndewere rebuked the decision made by the lower court saying it was not based on evidence but rather on other allegations, which are not yet proven.
“The magistrate (Mrs Makwande) misdirected herself by basing on the allegations of attempted murder charges submitted by the State. However, an accused person who pleads not guilty is presumed innocent until proven guilty. The State failed to provide evidence to prove that she was not a suitable bail candidate or neither does she have any previous convictions,” ruled the judge.
Mubaiwa, through her lawyer Ms Beatrice Mtetwa, successfully argued that the magistrate failed 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.
The State represented by Mr Michael Reza had strongly opposed bail on the basis that Mubaiwa allegedly committed the assault offence while on another bail and had high chances of committing similar offences.