Court Orders Marry Chiwenga To Reside In Glen Lorne And Never Get Near Her Borrowdale Home With Chiwenga
High Court judge Justice Pisirayi Kwenda has altered Marry Chiwenga’s bail conditions by ordering that she resides at number 64 Folyjon Crescent, Glen Lorne, Harare, until finalization of a case where she is being charged for attempted murder.
The judge also ordered Marry to surrender her second passport to the Clerk of Court after her husband, Vice-President Constantino Chiwenga, admitted through his lawyer that he was in possession of the travel document.
In his findings following an application for bail variation that was made by Prosecutor-General (PG) Kumbirai Hodzi’s office, Justice Kwenda said when Marry was initially ordered to stay at the matrimonial home being number 614 Nick Price Drive, Borrowdale Brooke, it had not been brought to the attention of all the parties concerned that Chiwenga had returned to stay at his home.
“I am satisfied that the facts placed before me by the State are new and were not before me at the initial bail hearing. Firstly, the respondent (Marry) did not disclose her second passport to me. I was unaware of the fact of its existence.
Secondly, the fact that the respondent’s husband (Chiwenga) had returned to the matrimonial home when the respondent was remanded in custody was unknown to both the respondent and the State. I did not become aware of that fact as well at the initial hearing,” he said.
“I only became aware of this application. I would not have allowed a situation where the parties live under the same roof and expect them to peacefully co-exist under one roof, especially considering that there is a pending attempted murder charge against the respondent.
I, therefore, find that it is in the interest of justice to varying the accused person’s residence on the two bail orders under the circumstances.”
Read part of the judgment:
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 under one roof especially considering that there is a pending attempted murder case 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 address at the same time.
The variation will, therefore, apply to both bail orders as follows,
(a) by the insertion of para 5 (a) in terms of which the respondent shall surrender her second passport
(b) She shall reside at 64 Folyjon Crescent Glen Lorne, Harare
I order accordingly.
Marry and Chiwenga have had some differences since December 2019 when the VP filed for divorce, accusing Marry of having attempted to end his life in order to take over his wealth.
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