By Mary Taruvinga
MARRY, the estranged wife of Vice President Constantino Chiwenga has told High Court judge, Pisirai Kwenda that her husband is the one in possession of passports he wants surrendered to the state in variation of her bail conditions.
Her remarks come after the former army General approached the court seeking amendments to bail ruling delivered by the same judge early this month.
She said she could not be forced to surrender travelling documents which were not in her possession and offered to have the passport in question cancelled to prove that she is not the one handling it now.
During the hearing of the case in which the state is seeking variation of her bail conditions, Marry, through her lawyer Advocate Taona Nyamakura argued that she was not in wilful default of her bail conditions.
“It is correct that the respondent (Marry) has two passports. The only issue that could cause a problem is a dispute on who is in possession. She contends the complainant (Chiwenga) is in possession.
“In fact, the instructions I received is that she will not object to the passport being cancelled because she is not in possession of it,” Nyamakura said.
Chiwenga on the other hand insists that Marry has the passports.
One of the travelling documents has however expired.
The Vice President wants Marry’s bail conditions revoked on grounds that she did not disclose to the court that she had two passports.
Chiwenga, who chased Marry away from their matrimonial home after she was granted bail, also wants her to find another alternative place of residence.
It is his argument that Marry is still in default by failing to reside at her given address.
Marry was ordered to reside at her Borrowdale matrimonial home as part of her bail conditions but Chiwenga argues he stays at the same house so Marry cannot come back.
“She was not candid and truthful in failing to disclose that she has another valid passport.
“We don’t have instructions regarding where exactly are the passports but it has been brought to our attention that she holds another passport apart from the one she has surrendered as surety…the passport should be somewhere with someone,” said prosecutor Masama.
Kwenda then queried on what the state wanted to achieve in having bail conditions altered.
The judge asked why the state did not cause Marry’s arrest for breaching bail conditions further raising a point that she was not in wilful breach of her bail conditions.
“We want her to stay elsewhere. We want to have a clear separation in as far as interaction is concerned until this matter is finalised,” Masama said.
The judge responded, “If you say she is in breach of bail conditions you don’t seek variation but a remedy. She is not in wilful default; that’s the reason why you are not saying she should be confined to prison.”
Kwenda further questioned if Chiwenga had authority to evict Marry.
The case was then postponed to January 30 to allow parties to agree on where Marry should stay until the present matter is resolved.
Another ruling regarding the eviction and guardianship of the warring couple’s minor children was reserved on Tuesday.
Marry is on remand for attempting to kill Chiwenga, fraud, money laundering and externalisation.
She was freed on $50 000 bail by Kwenda on January 6 this year.
As part of her bail conditions, she was ordered to surrender her passport, title deeds to her father’s home, not to interfere with witnesses who include her husband and also to continue residing at her matrimonial home.
But on getting home she was denied access by army officers who told her that Chiwenga had given instructions not allow anyone in or out of the premises in his absence.