High Court judge, Justice Erica Ndewere on Friday granted $1500 bail to Mary Mubaiwa, the estranged wife of Zimbabwe’s Vice President Constatino Chiwenga.
Marry is facing allegations of assaulting her child minder Delight Munyoro.
Justice Ndewere pointed out that her ruling was based on the fact that the state, represented by prosecutor Michael Reza, had failed to provide compelling evidence as to why the appellant must not be granted bail.
She also highlighted that the magistrate who handled the case initially, misdirected herself.
“If she (Marry Mubaiwa) had admitted to the previous charges of attempted murder then the state’s case would have stood that she has the propensity of committing a similar crime if granted bail,” said the judge.
Also, had she admitted to assaulting the complainant (Delight Munyoro) then the case would have been different as the courts frown upon people who commit similar offenses whilst they are on bail. In this case we are dealing with an allegation which she has denied and has not yet been proved and for which she is presumed innocent in terms of the law.
“This means the learned magistrate misdirected herself when she took the allegations by the state as a proven fact. She should have been mindful that this was still an allegation still to be proven by the state beyond reasonable doubt,” said judge.
Bail conditions for the assault case are that Mubaiwa shall report at Borrowdale police station once every fortnight on a Friday between 6am and 6 pm and she should not interfere with state witnesses in particular Delight Munyoro.
Mubaiwa is also not be allowed to visit Hellenic School where her children learn without first consulting the school authorities.