Twist in CCC activist trial: Prosecution forced to change Magistrate

In a new twist to the trial of Citizen’s Coalition for Change activist Madzibaba Veshanduko real name Godfrey Karembera’s trial, state prosecutors on Tuesday were forced to change Magistrate after the defense raised issues with presiding Magistrate Barbra Mateko.
Karembera’s legal counsel Doug Coltart said Mateko had made unpalatable and prejudicial comments against his client during bail hearing which compromised his position regarding the matter.
Coltart had demanded that Mateko recuses herself from the matter but in the end, the prosecution and defense settled for a change altogether. However, the courts in passing judgement said that it was not necessary to seek Mateko’s recusal instead they changed the Magistrate who is going to be presiding over Madzibaba Veshanduko’s case.
In an interview with Technomag Coltart said, “We successfully got the trial set down before a different Magistrate. The matter had initially been set down before Barbara Mateko who was the same Magistrate who had heard his initial appearance and bail application and had made some comments during those proceedings which were prejudicial to the accused.
“Ordinarily a trial ought to be conducted by a different magistrate than the one who handled remand proceedings. After we raised our concerns, the state agreed to have the matter set down for trial before a different Magistrate and so it ended up not being necessary to seek her recusal,
Madzibaba was charged of undermining the police as defined in Section 177 (a)(i) of the Criminal Law Codification and Reform Act (Chapter 9:23).
Madzibaba Veshanduko last month was detained and tortured by police for wearing yellow and campaigning for CCC president Nelson Chamisa.
He was hospitalised at Parirenyatwa Hospital after being viciously assaulted and tortured by police.
However, police alleged that he insulted them and also that he wanted to deface Mbuya Nehanda statue.
Madzibaba denies the allegations saying he was nowhere near the statue neither did he insulted the police.