HIGH Court judge Pisirayi Kwenda has granted the National Prosecuting Authority (NPA)’s request for Vice President Constantino Chiwenga’s estranged wife, Marry, to leave the matrimonial home and find an alternative place to stay.
Marry — who is facing fraud, attempted murder, externalisation and money laundering charges — was granted $50 000 bail, but is currently in remand prison on a separate assault charge.
As part of her initial bail conditions, Marry was ordered to reside at number 614, Nick Price Drive, Borrowdale Brooke in Harare, which is the matrimonial home.
However, the NPA approached the court seeking an order for variation of the bail conditions, arguing that Marry could not stay at the same house with Chiwenga, who is a State witness in the attempted murder charge. The State also demanded Marry to surrender her other passport.
Kwenda agreed with the State before ordering Marry to stay at number 64 Folyjon Crescent, Glen Lorne, Harare, which is her mother’s house.
“The respondent’s husband, who is the complainant in the attempted murder case, is living at the matrimonial home. I only became aware of that through this application. I would not have allowed a situation where the parties live under the same roof and expect them to peacefully co-exist, especially considering that there is a pending attempted murder charge against the respondent.
“I therefore find that it is in the interests of justice to vary the accused person’s residence on the two bail orders under the circumstances. Consideration must be given that the respondent cannot reside at two different addresses at the same time,” he said.
He, however, warned Marry against her failure to disclose to the court that she had another passport.
“It did not occur to me at the initial hearing that the registrar-general can issue more than one travel document concurrently valid. The respondent should have brought my attention to the second passport. In future, withholding such vital information may be interpreted as indicative of a sinister motive resulting in revocation of bail … by the court acting in the interests of justice, because it defeats the whole purpose of impounding travel documents,” Kwenda said.
He also rapped Chiwenga’s lawyers, Manase and Manase Legal Practitioners, for initially denying that their client was in possession of Marry’s second passport.
“I could not help but openly express the court’s frustration when (Mr) Manase conceded, through the State, that his client had the passport. It then became clear how he was able to make copies which he submitted with his letter to the prosecutor-general. It is common experience that emotions run high between estranged spouses but (Mr) Manase owed it to the court to manage his client in the interests of smooth court proceedings,” he said.
Meanwhile, High Court judge Erica Ndewere has postponed Marry’s bail application — in another case in which she is accused of having assaulted Chiwenga’s maid Delight Munyoro — to Friday to enable prosecutor Michael Reza to file his response.