EX-ZANU PF Bikita West MP Munyaradzi Kereke’s former legal counsel, who is now a judge of the High Court, Justice Tawanda Chitapi, yesterday, recused himself from entertaining a bail pending appeal application by the convicted rapist, saying it was not in the interest of justice for him to preside over the matter.
BY CHARLES LAITON
Justice Chitapi said he once represented the politician in the same case while it was still being handled by the then Attorney-General (AG), Johannes Tomana’s Office when he declined prosecution.
Kereke was slapped with a 10-year effective jail term after he was convicted of raping his 11-year-old relative’s daughter at gunpoint six years ago.
“I am not able to deal with this matter, I have to recuse myself. Apparently I was involved in this matter, as the applicant’s (Kereke) counsel. My firm was the one that represented him up until the State declined prosecution,” Justice Chitapi said, adding he was also once a co-director with Kereke in two companies.
The judge further said he interacted a lot with Kereke when he was still working at the Reserve Bank of Zimbabwe (RBZ) and that he (Justice Chitapi) was once the central bank’s lawyer, while Kereke was an adviser to the former RBZ governor, Gideon Gono.
“Under the circumstances, it will not be proper that I deal with this matter,” he said, adding the application would be heard before Justice Owen Tagu next Tuesday.
Last week Kereke filed another bail pending appeal application on changed circumstances arguing he was now a proper candidate for bail. In his application, through his lawyers, Mutandiro, Chetsanga and Associates, Kereke said he had lived in Zimbabwe most of his life and was married with three wives and 17 children, 10 of whom were still minors relying on him for sustenance.
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Kereke further said after the initial dismissal of his bail pending appeal application, his estranged wife, Elizabeth Sibanda, visited him in prison and offered to offer surety for his release on bail.
She is said to have offered her immovable property as surety and to accommodate Kereke until the finalisation of his appeal.
Sibanda is also said to have offered her Mandara property while two of Kereke’s relatives, Arnold and Barbara Chidakwa, chipped in and offered a piece of land situated in Harare, as surety for his release.
The former legislator is praying to be granted $3 000 bail, to surrender title deeds for the Mandara property and for a piece of land offered by the Chidakwa’s family and to reside at his given address until finalisation of the appeal. He is also offering to be ordered to report every day at Harare Central Police Station.
