REGIONAL magistrate Simon Rogers Kachambwa yesterday refused to recuse himself from presiding over former Kingstons Holdings chief executive Brian Sedze’s fraud trial accusing the latter of trying to buy time by making a frivolous application.
CHARLES LAITON,SENIOR COURT REPORTER
Sedze, who is facing a $136 000 fraud trial, had made an application seeking to have Kachambwa and prosecutor Michael Reza barred from dealing with his matter arguing that the pair was biased against him.
In his ruling, Kachambwa said he never at any stage “descended into the arena” while presiding over Sedze’s trial and accused the latter of not appreciating help offered by the court while he was not represented.
“If indeed I descended into the arena, accused’s lawyers (then), Fred Machokoto and Admire Rubaya, would have objected and raised the issue with the court, but that never happened,” Kachambwa said.
The magistrate further said there was no time when an application for discharge was ever made by Sedze’s lawyers and that his application to have the magistrate and prosecutor recuse themselves from the case, had a sinister motive.
“This application (by Sedze) is intended to buy time and create a monster out of me. However, I will not be moved by the allegations he has made, but I will pursue this case and deliver justice,” Kachambwa said.
“There is no reason for me to recuse myself and the prosecutor can proceed to prosecute him (Sedze). The application is, therefore, dismissed in its entirety.”
Before the court’s ruling, Sedze, through his lawyer, refused claims that he attempted to bribe Reza, but said instead, his friend Ricky Chingaira, approached him (Sedze) and asked for $10 000, indicating he would approach Reza with the cash on his behalf, but he refused.
The trial continues today.