The supreme court has thrown away Marry Mubaiwa Chiwenga’s appeal to have her bail condition relaxed so she can travel to South Africa for treatment on the basis that she will likely abscond trial if she is allowed to leave the country, The Sunday Mail reports.
In his ruling Justice Tendai Uchena said Mubaiwa Chiwenga had strong ties with South Africa and she did not convince te court that if she is allowed to go to South Africa she will not abscond trial:
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The appeal is dismissed with no order as to costs. An applicant for variation of bail conditions in circumstances where variation removes the safeguards intended to ensure that he or she will stand trial, must offer other forms of security in substitution of those to be suspended if variation is to be granted.
If the bail conditions are temporarily altered without substitution, they will severely weaken the possibility of her standing trial. The appellant did not offer any security in substitution of the conditions to be varied.
The ruling about Marry Mubaiwa Chiwenga’s Appeal spoke about her said ties to South Africa and stated that:
In this case, the appellant is alleged to have bought two houses in South Africa. She is alleged to have bought three motor vehicles, two of which were registered in her name in South Africa. She is alleged to be the sole shareholder of her South African company. She is alleged to have furnished one of the houses she bought in South Africa. Charges preferred against her are serious. The strength of the charges preferred against her offers a strong incentive for her to abscond.
Marry who is facing 6 charges including money laundering and attempted murder is suffering from a rare condition known as lymphoedema which causes swelling of hands and arms. Her application was first denied at the High Court in December before she made an appeal at the Supreme Court.
More: The Sunday Mail