High Court defers Mubaiwa bail hearing
Harare(New Ziana) – The High Court on Wednesday deferred to the end of the week the bail hearing for Marry Mubaiwa, Vice President Constantino Chiwenga’s estranged wife, in an assault case for which she was placed in remand prison at the weekend.
She is accused of assaulting the family’s child minder in an altercation over custody of the couple’s minor children at a school last week.
Mubaiwa denies the charge.
Prosecutor Michael Reza asked the court to postpone the hearing, saying he needed more time to prepare his defence as he had only received the applicant’s application in the morning on the day of the hearing.
“We ask that the applicant be remanded to the 7th (of February 2020) by which date we would have served the court with the response. I need time to prepare a sound response so that the court makes a decision,” he said.
But Mubaiwa’s lawyer, Beatrice Mtetwa, opposed the postponement sought, accusing the prosecution of simply trying to delay the hearing.
“Bail rules are clear that bail must be heard within 48 hours, this is related to the date of filing of the bail application, not the receipt of the record of proceedings,” she said.
But Justice Erica Ndewere granted the state’s request, saying even the court had not been properly furnished with the bail application by the appellant.
“Even the court was not aware of the record. The matter was not on the record for today. We have to postpone. The matter is postponed to 7 February,” she ruled.
The assault case is the latest in a litany Mubaiwa is facing, including alleged attempted murder of her husband, money laundering and fraud.
She was granted bail in the other cases, but was re-arrested and put in remand prison after allegedly committing the assault crime while out on bail.