Home Crime and Courts Mary Chiwenga’s health deteriorating

Mary Chiwenga’s health deteriorating

Mary Chiwenga

Mary Chiwenga’s health deteriorating. Lost considerable weight …needs constant medical care. The frail-looking Mary, through her lawyer Taona Nyamakura, was remanded to until December 31 and is facing an attempted murder charger on the life of the Vice President when he sought medical care in South Africa. She also faces other charges of alleged money laundering, externalization of over US$1 million and a failed attempt to fraudulently acquire a marriage certificate whilst the VP was still receiving medical attention.

Estranged wife to Vice President Constantine Chiwenga, Mary Mubaiwa, yesterday filed her bail application at the high court stating that she is of ill health and needs constant medical care which pre-trial detention will deny her. The matter is yet to be set down for hearing by the High Court. In her bail application, Marry Mubaiwa placed on record that; She has no previous convictions but has one pending case, she is of visible poor health, being visibly traumatized and having lost a considerable amount of weight.

The investigating officer admitted to having seen wounds on her hands though he is unaware of their origins. The applicant will assert that she was injured in Bulawayo on 23 June 2018 by a handheld grenade thrown with the intention of assassinating the President.

The photographs of her hand will be exhibited to the Court at the hearing of this matter, she thus needs constant medical care. The Applicant is a mother to relatively young children, no doubt they all still need her love, nurturing and attention. Pre-trial detention will deny them of that, she has made an undertaking that she will abide by any bail conditions imposed by the court.

She asserts that the charges are baseless and has persistently denied them, she is a holder of a diplomatic passport and carries the likelihood that she will be recognized if she tried to flee at all.

She has no capacity to flee the country and has submitted to the authorities and no issues have been raised by them regarding her conduct. Mary’s release on bail must be motivated by her exceptionally favourable personal circumstances and the State cannot establish any serious opposition to bail in this matter.

She is not a danger to society nor to any particular person if released on bail.

MARRY’S RESPONSE TO THE CHARGES

The Applicant (Marry Mubaiwa) denies the offence, and specifically incorporates the statement made by her to the Police. She will state that the allegations are conjured by the Vice President in an endeavor to force her hand in the divorce proceedings that are pending in this court. She was served with a Form 242 that narrates the State’s fact matrix as well as the ‘evidence’.

The primary evidence is said to be a medical report that shows the common cause fact that the Vice President was in a Hospital. We are not told that the medical report corroborates the facts alleged by the State. The report is completely and utterly useless to the State that the Vice President was ill and hospitalized is a notorious fact.

One would have expected the State to produce a report from the doctors who allegedly attended to and resuscitated the Vice President. This is impossible because such reports do not exist, for the simple reason that the incident did not occur as alleged or at all.

No doctor who respects his professional standing will be made to perjure himself. The witnesses are not even disclosed, the question still remains that if the Applicant ordered everyone to leave the room, such that when the alleged incident occurred, they were alone with her husband, who then is the witness.

A witness of fact cannot testify to what they did not see.

Laughable is the last so-called last exhibit. The State says it has a photograph of a bloodied t-shirt that the Vice President was wearing.Surely an exhibit of that nature, despite it being merely of circumstantial relevance would have been kept and safeguarded, a photograph of a bloodied t-shirt remains a photograph, it proves nothing and cannot override primary evidence.

It should also be noted that the alleged crime occurred when she was already physically frail and nursing the injuries of the assignation attempt. One wonders how in such a physical condition she could have managed to drag a whole army general from a hospital bed as alleged by the State. It is difficult to even imagine the eventuality of this happening and to reconcile that with the fact that the State needs to prove this beyond reasonable doubt makes the charge itself extremely hilarious.

The State asserts that the incident occurred in July, 2019, some six or so months ago. In that same month, the Applicant will state that she travelled alone with her husband when he was going to the airport and when he went to India for further treatment. Apparently, the State says at this time, she has attempted to her husband, either the State is not telling the truth or Zimbabwe should be seriously worried about the state of security personnel who guard important individuals.

The probability that this allegation is a recent fabrication is therefore high. When he was in China, the Applicant’s husband requested the President to arrange to have her to be sent to him, he even sent his personal security with USD 30 000 for her personal upkeep and use.

All this occurred after July, 2019, and in Applicant’s assertion, it is inconceivable that this would have happened had she tried to murder her husband. This case is as weak as it is fabricated. The Applicant’s husband issued summons on 3 December 2019 seeking an order for formal sharing of the matrimonial property further to the dissolution of marriage.

In that matter, he seeks to tarnish the Applicant’s image by saying that she is addicted to Pethidine, an unfortunate allegation coming as it does from someone who has first-hand knowledge of the Applicant’s health and the pain she endures from the wounds on her body.

That she is an addict is false, in that summons, no mention at all is made of the issue of an attempt on the Vice President’s life. When the Applicant returned to Zimbabwe to take care of the children, she returned to the matrimonial home, no issue was raised against her by anyone. More importantly, Netcare is a hospital that us under the jurisdiction of South African Police Services and the Government of South Africa.

Surely, a serious incident such as an attempt on the life of a sitting Vice President with its potential to embarrass relations would have been reported in South Africa and investigated promptly. In her state, the Applicant is alleged to have disappeared from the hospital, how this could have happened without the aid of magic is not stated in Form 242.

Worse, is the fact that she returned home to Zimbabwe after taking her husband for further care, she did not disappear but stayed at the matrimonial home, for six months before charges were then brought contemporaneously with the filing of divorce proceedings.

One is reminded of the saying that surely when a hyena wants to eat its children, its first accuses them of smelling like goats. In this matter, the state’s case is based on circumstantial evidence whose credibility is so poor that it cannot escape the possibility of a finding that it is false.

The Applicant should thus be released on bail for one or more of the following reasons; as demonstrated herein the State case is weak that no one would be motivated to take flight. Applicant is a good candidate for bail, the charge may be a serious one, but balanced against all the other facts, that issue does not negate the entitlement of the Applicant to bail.

Source – H-Metro

In other news – Rumoured VP Chiwenga’s new flame speaks out

Rumoured VP Chiwenga’s new flame speaks out. Businesswoman and socialite Michelle Kawome has shrugged off whispers on social media streets that’s she’s now VP Chiwenga’s new flame saying she’s not going give haters the time of the day.

Michelle Kawome

Michelle Kawome who also happens to be businessman Roland Muchegwa’s (Uncle Roland) ex-wife once grabbed the headlines after the latter bashed her within an inch of her life. The couple who have 2 kids ended their marriage in a messy divorce amid allegations of…continue reading.

Previous articleActor Innocent Matijane mourns Mom’s passing
Next articleDineo Ranaka finally pays manager R20k debt