REVOKE MARRY’S BAIL: SHE HAS THREE PASSPORTS
General Chiwenga has told the court that his estranged wife, Marry Mubaiwa’s bail must be revoked as she has lied about her passports.
He said Marry had two valid diplomatic passports and one ordinary passport when the High Court recently freed her on bail.
Two diplomatic passports (AD005170) and (AD005759) bearing Marry’s names are due to expire on December 11 this year and November 2, 2022 respectively. The third passport (CN701555) will expire on February 21, 2022. The Acting President’s lawyers, Manase & Manase Legal Practitioners, argued that the prosecution was not aware of the issue when bail was argued.
The lawyers said by not surrendering all the passports she had in her possession, Marry was not a candid person and her bail should be revoked. “By lying, she should have her bail revoked,” reads the affidavit.
Chiwenga does not want Marry to return to Number 614 Nick Price Drive, Borrowdale Brooke. The lawyers argued that Marry, being an accused person, could not share the house with the Acting President, who is the complainant in two of the cases for fear of interference.
Chiwenga said that Marry found him staying at the residence in question when they married and she no longer had a legal right to be there following termination of their customary union recently.
“Number 614 Nick Price Drive, Borrowdale, is my house of sentimental value awarded to me by the High Court in a former divorce matter by the late Justice Mutema. I have no other home,” he said.
“Since her release from prison, she is staying somewhere in one of her houses. She must stay there so as not to interfere with State witnesses and a complainant,” he said.
Chiwenga denied allegations that he abducted their three children, saying he was taking care of the children as a natural parent.
“The applicant was arrested and the children were left unattended. It became incumbent on the respondent to take the children. I took them on holiday abroad and initially they had signs of trauma as they explained the black magic rituals they were subjected to by the applicant.
“My clothes in some cases were heaped together and sprayed by the applicant with some unknown substances. I had to take the children away to cleanse them of memories of the horrors they experienced.
“Applicant cannot be trusted with children in the circumstances. While she cannot be precluded from being with and seeing the children, the court must balance the scales as there is a need for both parents to continuously be with the children in order to ensure unabused welfare,” he said.
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