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High Court dismisses MDC Alliance trio appeal to recuse magistrate, a prosecutor from trial

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High Court Judge, Justice Chitapi on Monday dismissed the MDC Alliance trio Joana Mamombe, Cecilia Chimbiri, and Netsai Marova appeal seeking the recusal of magistrate Bianca Makwande and Prosecutor Michael Reza from presiding over their trial on allegations of publishing falsehoods.

The trio filed a high court application saying they are terrified of magistrate Bianca Makwande and prosecutor Michael Reza, and they might not get justice if the two are not removed from their case.

In his ruling Justice Chitapi dismissed the application.

Zimbabwe Lawyers for Human Rights posted the ruling on Twitter , “ Justice Chitapi dismissed the trio’s application for Prosecutor Michael Reza to be disqualified from prosecuting them.”

“Justice Chitapi also ruled that the trio’s trials can only be convened upon the final and definitive conclusion of case No. HC 7200/20.”

The three through their lawyer Alec Muchadehama had applied for recusal alleging that the prosecutor and magistrate were being personal..

They submitted that they will never have a fair trial as long as Makwande and Reza are handling their case.

Muchadehama said their fears are intense to the extent that sight of the two sends shivers through their bodies, the High Court was told.

The trio faces charges of publishing falsehoods prejudicial to the State after allegedly faking their abduction last year.

They were also charged with violating Covid-19 regulations after allegedly staging a demonstration in Warren Park.

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