By A Correspondent- Addressing the media at the High Court Tuesday afternoon, Marry Mubaiwa Chiwenga’s lawyer revealed that his client was not a flight risk as alleged by the state revealing that his client’s bail application was now being treated as an urgent matter despite the court withholding determination regarding the matter.
Her lawyer Advocate Sylvester Hashiti, instructed by Taona Nyamakaro of Mtetwa & Nyambirai Legal Practitioners said:
“We had two matters in the court the first matter was an appeal against the decision of the magistrate which denied Mrs Mubaiwa bail.
The second one was a bail application on the attempted murder charge. On the first matter, we were arguing that all charges do not show how she was personally involved. All charges point to a company being involved so on that basis there is little that links her to the offence.
Secondly, she is not a flight risk as there are personal circumstances that force her to face trial and justice in Zimbabwe if need be and there is nothing that stops anyone from ensuring her availability for standing trial. She will face trial.
The other matter for attempted murder is a completed matter. The offence as alleged by the state has already been completed. There is nothing that stops her from standing trial and appearing in court over that matter. And all the witnesses that the state is relying on are very high powered individuals which she will not interfere with in any event.
Those are people protected by the state agents, they are protected by state resources. She cannot access them. She cannot interfere with them and that she can interfere with them is clearly a baseless assumption and we have also argued that she is presumed innocent… her personal situations, the manner in which she is alleged to have committed the offences all point to her being at her worst, she can only be a witness and she cannot stand accused as alleged by the state.
We await judgement. We will wait to hear what the court will say, we will not pre- empty what the court will say, we will not comment on an issue the court has reserved judgement on.
We can only comment on what we say are documents in the public domain. So we wait for the court to give its judgement and they have said they are treating the matter as an urgent matter we await the urgent determination of the matter.”