By A Correspondent | The CCC party duo, Joana Mamombe and Cecillia Chimbiri apeeared in Court 14 on Wednesday at Rotten Row. The Defense Counsel filed an Application for the Recusal of the Presiding Magistrate, Faith Mushure. The outline emanates from the jurist’s ‘biased attitude and Conflict of interest against the Accused’s Rights as prescribed in Chapter 4 Section 69 of our Constitution.’
The accused’s Defense Counsel in no uncertain described and explicitly expressed the conflict of interest, prejudice, bias and the complete disregard of sections 68 snd 69 under chapter 4. The violation of Rights is on Record and as herein mentioned is biased.
Therefore if a judicial Officer is not biased, should just Recuse self. There is no need for antagonism and refusal to recuse oneself for non-partisan and fair justice.
The current magistrate, has fast-tracked the trial case under protest from the accused persons in an unconstitutional manner without lawyers being given copies of trial records.
Mamombe and Chimbiri, in their application for Mrs Mushure’s recusal, said the court ruled against them and allowed the State to call back a witness, who was used to tender into the record exhibit documents that they had objected to.
The duo also said that they have filed five applications in the High Court where Mrs Mushure is a respondent rendering her ineligible to continue presiding over their matter.
The State led by Mr Michael Reza opposed the application saying it was not guided by any provisions of the law.
Mr Reza said the two were suing the application as one of their many ways to stall trial progress.
“He (Muchadehama) never stated the law in which he’s making the application. Every application must be guided by sections or provisions of a statute. He said he is applying for your recusal based on no law and for no reason at all. However, the reason for this application is to further delay this trial.
It has happened before and even if this court recuses itself, the next judicial officers would be asked to recuse themselves. They raised a point that the duo’s rights are being abused. If there’s a person or persons infringing on their rights, it is not this court nor the State, but the accused persons themselves.
“This trial has been fair but has not been speedy and has not been heard in reasonable time because of them. It has been application after application,” he said.
Mr Reza told the court that Mamombe and Chimbiri knew very well that their applications lack merit, but they continue making them for purposes of delaying trial proceedings. Additional reporting state media