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Judge recuses self in AirZim saga

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Harare High Court judge Justice Garainesu Mawadze yesterday recused himself from entertaining a bail pending appeal matter involving incarcerated Air Zimbabwe boss Peter Chikumba, who is serving an effective seven-year prison term for abuse of office.

Harare High Court judge Justice Garainesu Mawadze yesterday recused himself from entertaining a bail pending appeal matter involving incarcerated Air Zimbabwe boss Peter Chikumba, who is serving an effective seven-year prison term for abuse of office.

BY CHARLES LAITON

Justice Mawadze said it was in the best interest of justice for Chikumba’s matter to be presided over by a different judge given that he (Mawadze) at one point dealt with the convict’s application for bail pending trial which he granted.

“I have asked that this matter be dealt with by a different judge. I once dealt with the applicant’s bail pending trial matter and I made certain observations and my views are quite robust, so I asked my brother judge to deal with it fairly and objectively,” Justice Mawadze said.

“I liaised with my brother judge Justice Chinembiri Bhunu and he requested me to advise you and I believe it is in the interest of justice to have another mind to look into the issue.”

Last week, Chikumba, through his lawyer Admire Rubaya, filed a notice of appeal against both conviction and sentence, arguing the presiding regional magistrate Fadzai Mtombeni had erroneously convicted him in the absence of evidence supporting her findings.

Chikumba further said he wondered why the magistrate entered a guilty verdict against him when she had established that his co-accused person, Grace Pfumbidzayi, was not a credible witness at all.

Rubaya said in her judgment, Mtombeni established that Pfumbidzayi “would lie in some aspects and would tell the truth in some aspects. Thus was a sophisticated witness, she was the main brains behind the appointment” of Navistar Insurance which was the subject matter in the case.

In the appeal, Rubaya said the magistrate erred in fact and at law when she convicted his client on the basis of Pfumbidzai, whom she did not find to be a credible witness as she had given a plethora of mutually destructive defences to the charge.

Chikumba and Pfumbidzayi were convicted of causing the national airline a $10 million loss after awarding an insurance contract to Navistar without going to tender.

The matter is likely to be heard tomorrow.