By Mary Taruvinga
Marry Mubaiwa, who was Monday denied bail and remanded in custody facing charges of attempting to kill her husband, Vice President Chiwenga, says she is critically ill and unable to stand trial.
Describing her arrest as baseless and hilarious in court papers filed Wednesday at the High Court, Marry made startling revelations of how, despite being accused of attempting to murder Chiwenga in South Africa, President Emmerson Mnangagwa later gave her US$30 000 to travel to China and visit her husband who had sought treatment in Asian.
Although she claims poor health and inability to stand trial, Marry said her arrest reminded her of the saying that “when a hyena wants to eat its children, it first accuses them of smelling like goats”.
“The applicant is of visible poor health, being visibly traumatised and having lost a considerable amount of weight,” her lawyers argue.
Marry, who is detained at the Chikurubi Female Maximum Security Prison, submitted that her hands are visibly swollen adding she was injured on June 23 2018 by “a hand held grenade thrown with the intention of assassinating the President (Mnangagwa),” she said in the papers.
There was a perceived attempt to assassinate Mnangagwa at a Zanu PF election campaign rally in Bulawayo ahead of the July 2018 general election which Marry and Chiwenga attended.
The couple and other senior Zanu PF top officials had to be airlifted to South Africa for treatment. Two Presidential aides were killed while a handful others were injured on the day.
Turning to her bail application, the lawyers argue; “She is the estranged wife of the Vice President of Zimbabwe, Mr Constantino Chiwenga with whom she has three minor children.
“Applicant is a Zimbabwean national and does not hold any other citizenship or right of residence in another jurisdiction. She has strong ties to Zimbabwe where all her minor children are and she has always considered Zimbabwe to be her permanent home.”
She further claims that charges brought against her were baseless and fabricated by Chiwenga against her in order for the former military boss to win the divorce process they are going through.
Marry says she would never be able to flee Zimbabwe without being identified.
“The likelihood that she will be recognised if she tried to flee is high. That is if she tried to flee at all. Her heart is in Zimbabwe with her children.
“To say that the appellant will influence witnesses, in a case that turns on evidence of State security personnel and former General in the Zimbabwe army would be to slight the ability of the witnesses to deal with any threats to their integrity.”
She also challenges the State to produce evidence linking her to the alleged offences.
“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 questions still remain that if the applicant ordered everyone to leave the room such that when the alleged incident occurred, alone with her husband, who then is the witness. A witness of fact cannot testify to what they did not see,” she said.
“Laughable is the 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,” the court papers read.
Marry said it should be noted that the alleged crime occurred when she was already physically frail and nursing the injuries of the assassination attempt.
“One wonders how in such a 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,” reads her application.”
She said the State was not telling the truth and Zimbabweans should be worried about the State of security personnel who guard important individuals.
It is revealed in her court papers that when Chiwenga was in China for further treatment after the alleged attempted murder, Chiwenga made a request to Mnangagwa to arrange for her to be flown to China.
Mnangagwa agreed and gave her US$30 000 for her personal upkeep while in China.
She said it was then inconceivable that this could happen had she tried to murder her husband.
“One is reminded of the saying that surely when a hyena wants to eat its children, it first accuses them of smelling like goats,” she said.