CCC Member of Parliament for Zengeza West Job Sikhala wants another magistrate to preside over his case where he is charged with allegedly telling mourners at Moreblessing Ali’s funeral in Nyatsime that she was kidnapped and murdered by Zanu PF supporters.
The State will respond to his application today.
Sikhala appeared before Harare regional magistrate Mr Ngoni
Nduna yesterday charged with defeating or obstructing the course of justice.
Before he was formally further remanded, Sikhala through
lawyers Mrs Beatrice Mtetwa and Mr Jeremiah Bamu applied for the recusal of Mr
Nduna from presiding over the matter.
He argued that Mr Nduna would be biased because he once
denied him bail in a case he is accused of communicating falsehoods prejudicial
to the State after he allegedly falsely posted on his Facebook page that a
police officer had beaten to death a child with a baton in Harare.
The lawyers said although the magistrate then said Sikhala
had alleged the police used a baton to kill a child, this was not what was on
the remand form submitted by the State in that remand hearing.
Mr Bamu said the State had deliberately placed Sikhala in
an anti-corruption court despite other people arrested over a similar incident
were appearing in an ordinary court and despite that charge having nothing to
do with corruption.
He argued that Precious Jeche, who is jointly charged with
Shepherd Bulakasi and Chauya Shopa, were not placed in an special
anti-corruption court despite having been arrested over the same incident.
“The State chose an anti-corruption court because it is the
specific court which comprises of judicial officers that the State and entire
public would come to associate as being hostile to civil members and political
activists,” he said.
“As evidence of that, the accused submits that outside
himself, Hopewell Chin’ono, Tendai Biti, Fadzayi Mahere and a few other media
practitioners and civil society members whose matters have nothing to do with
corruption, are also placed in an anti-corruption court.” Herald
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