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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