By Own Correspondent| Magistrate Gloria Takundwa yesterday recused Michael Reza from prosecuting MDC vice-chairman Tendai Biti.

The ruling comes after Biti’s lawyer, Beatrice Mtetwa, sought for the removal of Reza from the case saying he had already convicted her client before the Motlanthe Commission has finished its investigations.

Magistrate Takundwa ruled that:

“When Reza responded to the accused’s application he said that he had responded to the affidavit in a political climate since accused had also brought out a political tone.

Under no circumstances should a prosecutor at any stage assume a political tone or respond in a political tone. The prosecutor must be at every stage remain non-partisan as required in terms of section 261(2) (a) of the Constitution…

There is a real possibility of bias on the part of the prosecutor if he continues prosecuting the accused. If he maintains the position as the lead prosecutor he may well not act towards the accused with the fairness and impartiality that the administration of criminal justice demands.”