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Citizens Coalition for Change Legislators trial failed to commence Today, after the Defence Counsel filed an application for recusal of Harare Magistrate Tafadzwa Miti from presiding over the matter.
Sikhala and Sithole are accused of inciting public violence to avenge the death of slain CCC activist Moreblessing Ali who was murdered by an alleged Zanu PF member Pius Jamba.
Jeremiah Bamu representing the accused persons said, the application came in as a result of Miti’s sentiments expressed yesterday when passing Sikhala’s bail ruling.
Bamu also added that they felt like they were not going to stand a fair trial since their bail application on changed circumstances was denied by Miti.
“We are aware this matter is scheduled for trial commencement but we would like to move from your recusal from this matter.”
“There is respectively apprehension to the nature of these sentiments they may affect the outcome of the trial.
“We propose to file a written application and if we are granted that proposal, we tend to file the application by Monday 28 November 2022 and there the State will respond on the 30th of November. If there is need, we will replicate by the 1st of December,” said Bamu.
Prosecutor George Manokore said, “It is their right to make an application and we will abide by the court’s decision of the dates and we will respond on the 30th of November.
Miti said she will give her judgement on the recusal on the 7th of December 2022.
Yesterday Miti said, “The changed circumstances that his co-accused was released on bail will not apply as the number of times he has been arrested is proof that he is an incorrigible and unrepentant criminal.
“The granting of bail will jeopardise the criminal justice system, therefore the application for bail on changed circumstances is therefore dismissed.”
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