Mathew Masinge, Court Reporter
Marry Mubaiwa has challenged her placement in remand prison after a court recently ruled that she was perpetuating more crimes of violence.
The estranged wife to Vice President Constantino Chiwenga was denied bail last Saturday by regional magistrate Bianca Makwande after she allegedly assaulted a family house help over child custody.
In her freedom bid, Marry through her lawyer Beatrice Mtetwa is arguing that the magistrate erred and misdirected herself in denying her bail.
“The Appellant (Marry) contends that the magistrate erred and misdirected herself when she found that the State had provided compelling reasons for denying Appellant bail when the State led no evidence on the alleged violence which accompanied both offences.
“The magistrate misdirected herself when she failed to consider and take into account that the presumption of innocence still operates,” reads part of the application.
She said the judicial officer was wrong to equate allegations of common assault to attempted murder.
“She failed to consider and take into account the many weaknesses in the State allegations and instead treated the allegations as if they were proven fact in both cases,” she said.
Marry argued that a superior court had already granted her bail in a more serious matter and there was no nexus between the two crimes.
“A superior court had granted her bail on a more serious charge which would carry a substantial custodial sentence if proved.
“The Appellant has fully complied with all the bail conditions set by the superior court and that no prejudice would be occasioned by extending those bail conditions to the assault charge with an added condition not to interfere with witnesses…,” she said.
In denying her bail Prosecutors Clemence Chimbare, Michael Reza and Tinashe Makonore said Marry was failing to respect her bail conditions and was disregarding of the Judicial system.
Meanwhile, the Supreme Court is today expected to deal with Vice President Chiwenga’s custody challenge after Marry was granted access to their home and custody of the pair’s three minor children.
High Court Judge Justice Pisirayi Kwenda who is also dealing with the other matter in which the Prosecution is seeking bail variations to Marry’s initial bail, is today also expected to deliver his finding.
Marry was arrested in December last year and is facing attempted murder on the life of the Vice President, fraud, and money laundering.