Friday, 24 April 2020

STATE : RETIRED JUDGE FOR JUDGE'S SON TRIAL


THE Prosecutor-General’s Office yesterday demanded that High Court judge Justice Garainesu Mawadze’s son, Munyaradzi’s bail application must not be heard by any sitting judge of the High Court, but rather by a retired judge who has no links with the suspect’s father.

Munyaradzi is being jointly charged with Elvin Dongo Saungweme (22) and Dellon David Balani (22) on allegations of killing Million Ncube by slitting his throat with a knife after robbing him of three iPhone Promax 11 cellphones in March this year.

When the matter was brought before Justice Webster Chinamhora for determination, prosecutor Henry Muringani made an application for the judge to recuse himself, saying he could not deliberate on a matter involving his co-worker’s son.

Ironically, when Mawadze’s accomplices, Saungweme and Balani appeared in the High Court early this month seeking bail, Justice Chinamhora recused himself from hearing the matter on the basis that he knew one of the suspects, but yesterday he had taken a position to entertain the bail application which move was opposed by the State.

The judge then rolled over the matter to Tuesday when he is expected to make a ruling on whether he will recuse himself or not.

According to court papers, on March 12, 2020 around midday the trio approached the now-deceased while they were in their Honda Accord vehicle registration AEE9472 and lured him into the car on the pretext that they wanted to buy three cellphones from him.
Ncube, who was allegedly known to Mawadze got into the vehicle before they agreed that each phone would cost US$1 800 and the trio indicated the money was at the judge’s house in Waterfalls, Harare.

Ncube agreed to go with the them to Waterfalls and the suspects diverted the route and drove along Chiremba Road passing Epworth going towards Ruwa. It is alleged they reached a secluded place along Chiremba Road where they robbed Ncube of his cellphones and an unknown amount of money.

The State alleges the trio went on to stab Ncube with a knife before slitting open his throat, killing him instantly and drove away from the murder scene.

It is the State’s case that in order to cover up for their offence, Mawadze sent a text message using Ncube’s cellphone alleging that he (Ncube) had been kidnapped and also cleaned the blood-stained vehicle before fleeing to his father’s workplace in Masvingo. Newsday

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