By 
Harare Magistrate Tafadzwa Miti has dismissed Citizens Coalition for Change Zengeza West Legislator Job Sikhala’s application for recusal in a matter where he is accused of inciting public violence in Nyatsime area.
Sikhala through his lawyer Jeremiah Bamu had applied for Miti’s recusal from presiding over the matter after Miti dismissed Sikhala’s bail application on changed circumstances.
In passing judgement Miti said, the application failed to place reasonable grounds showing her apprehension of bias.
Miti also added that the accused was doing forum shopping and also vowed to impartially preside over the matter because the outcome of the matter will be based on the evidence provided during the trial.
After the ruling, Sikhala’s Defence Counsel sought an application for review with the High Court.
He added that the review is to seek the 1st accused a fair trial.
“The court accepted that the conduct of the accused caused violence at Nyatsime, whilst the court is of that mindset it becomes academic to proceed to the trial where the charge is of inciting public violence. It is primary issue that seeks review to the High Court,” he said.
The matter was postponed to January 11, 2023.
However, Godfrey Sithole’s Defence Counsel Oliver Marwa warned the State Counsel that if for any other reasons the trail fails to commence on the 11th they are going to apply for separation of trial.
Comments