Judge refuses to recuse self in fellow judge’s son case

Harare High Court judge Justice Webster Chinamhora yesterday refused to recuse himself from hearing the bail application made by fellow judge Justice Garainesu Mawadze’s son, Munyaradzi, who is facing murder allegations.

BY CHARLES LAITON

Justice Chinamhora stood his ground despite spirited efforts by the Prosecutor-General’s Office demanding that the matter be handled by a retired judge.

In his ruling following the application by prosecutor Henry Muringani, Justice Chinamhora said there was no reason for him not to hear Mawadze’s bail application because he has no personal relationship with the accused’s father.

He said he would dispense justice without fear or favour.

Justice Chinamhora further said the reason why he initially recused himself from hearing Mawadze accomplices Elvin Dongo Saungweme and Dellon David Balani’s matter was because he personally knew one of the suspects unlike in the Mawadze case.

Mawadze, through his lawyer, said when the victim, Million Ncube, was allegedly killed in March this year, he (Mawadze) was nowhere near the crime scene.

He told the court that he was, at some point, approached by his alleged accomplices who told him that their friend, Ncube, had gone missing and they wanted to make a report with the police.

The judge’s son said he agreed to accompany his friends to the police since he also bought some phones from the now deceased. This was despite claims by his friends that they were the ones who bought the phones from Ncube and sold them to him.

Mawadze further said after realising that there was an issue concerning Ncube’s disappearance and that his phones had now become part of the unfolding mystery, he then approached his lawyer to establish if there was any problem for him to visit his father in Masvingo.

Mawadze said his lawyer then went to the police and also consulted them and was told that he could go to Masvingo, but if anything cropped up he would be requested to come back.

On blood stains allegedly found on his clothes, Mawadze claimed his clothes got soiled when he cleaned the blood-stained car that had been brought by his friends.

He also denied having made some indications to police as alleged by the State.

The matter will continue on Tuesday.

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