JOURNALIST Hopewell Chin’ono, who is accused of inciting
the public to commit public violence, has filed an application for the recusal
of the presiding magistrate Nyasha Nduna.
Chin’ono, who was represented by Gift Mtisi and Doug
Coltart, elected to file a written application before the clerk of court and
oral submissions later.
Coltart said Chin’ono had numerous applications which he
was supposed to file before the Harare magistrates, adding that their first
step was to seek Nduna’s recusal.
“The defence wishes to apply for your recusal from this
matter. We want to file the application in writing and we commit to file that
application by today. We want this application to be dealt with this week,”
Coltart said.
But the State led by Whisper Mabhaudhi and Tendai Shonhayi
said Chin’ono’s application was not urgent.
“The accused person did not give the reason why he wants
the removal of the magistrate. He conceded that the application is not urgent
by considering the matter next week. We can even file our response on November
2 for oral submission,” Mabhaudhi said.
Nduna, however, in his ruling on the application for
postponement by the State said Chin’ono’s matter was not urgent and that there
was no evidence submitted in relation to the application.
“It is lawful for the accused to make such an application,
but the court is cognisant of the fact that once a person is allocated a case,
that person should handle the case properly to finality. Accused person is not
rendering evidence to the court that his lawyer Advocate Taona Nyamakura is
going to undergo examination out of the country,” Nduna said.
“The accused did not also produce any form of documentary
evidence that he seeks to undergo toxicology tests in South Africa. This shows
that the application may not be serious.”
He said the State also had a right to study the application
in order to make a meaningful response and that the accused person had the
right to be represented by a lawyer of his choice.
Nduna said the earliest date for hearing of the application
was November 2.
The State and defence then agreed to file their written
submissions for the application by close of business tomorrow and the State
will respond by October 28.
Nduna recently made headlines after denying Chin’ono bail
twice and turning down the journalist’s several other court applications.
He also stopped Chin’ono’s lead counsel Beatrice Mtetwa
from representing him, saying she had interfered with court processes. Newsday
0 comments:
Post a Comment