SPIRITED attempts by former Mabvuku/Tafara legislator Timothy Mubhawu (MDC-T) to seek a fourth postponement of his domestic violence trial, hit a brickwall yesterday after magistrate Vakai Chikwekwe dismissed the application and ordered the trial to resume.
BY DESMOND CHINGARANDE
Mubhawu had, through his lawyer Tungamirai Chakurira, sought to apply for Chikwekwe to recuse himself from the matter.
Mubhawu is facing a contempt of court charge after he allegedly chased his wife, Moline Elizabeth, from the couple’s matrimonial home last month.
His lawyer had submitted that his client would not receive a fair trial after Chikwekwe reprimanded Mubhawu in a case which was later withdrawn before plea.
Chakurira said Chikwekwe had uttered some remarks to the effect that if Mubhawu were to be brought to court charged with a similar offence, he would make sure he (Mubhawu) received a custodial sentence.
Chakurira also denied Chikwekwe’s assertion that Mubhawu instigated numerous postponements.
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He said the first postponement was a result of the State’s application to have Mubhawu medically examined, the second caused by transfer of the matter from magistrate Nomsa Sabarauta to Chikwekwe and the third being when his client fell sick.
In dismissing the application, Chikwekwe accused Mubhawu’s lawyer of lying and relying on hearsay.
The ex-legislator’s wife told the court that Mubhawu chased her from their matrimonial home and labelled her a “Satanist”.
The matter was remanded to today for continuation of trial.
Meanwhile, provincial magistrate Tendai Mahwe yesterday dismissed an application for refusal of further remand filed by two Zimbabwe Broadcasting Corporation (ZBC) bosses accused of unprocedurally acquiring 35 vehicles from Croco Motors in Harare.
ZBC acting chief executive Patrick Mavhura and acting head of finance and administration Benania Shumba had submitted that the allegations were in breach of their constitutional rights and did not disclose any offence. But, Mahwe ruled that they had a case to answer and remanded the matter to September 22.
The State alleges that Mavhura and Shumba bought 35 vehicles from Croco Motors without following laid-down procedures, thereby prejudicing the public broadcaster of $20 000. They are also facing another charge of potentially prejudicing ZBC of $738 900.
Both Mavhura and Shumba are on $1 000 bail each.
