CCC activists, Joana Mamombe and Cecilia Chimbiri, yesterday lost their bid to have Chief Magistrate, Mrs Faith Mushure, recuse herself from presiding over their case.
The latest ploy has been described by the State as one of
the duo’s tricks employed to stall progress in the ongoing criminal trial.
Mamombe and Chimbiri had applied for Mrs Mushure’s recusal
claiming that she has been “progressively and systematically showing bias
against them” and describing her as a protagonist in the matter.
The duo is being charged with communicating falsehoods
prejudicial to the State after they allegedly faked their abductions sometime
in May 2020.
In their application, made through lawyer Mr Alec
Muchadehama, the two claimed that Mrs Mushure dismissed their application for
exception and also ruled against them when they requested further particulars
relating to the communication they allegedly made.
They also based their application on claims that Mrs
Mushure showed bias when she dismissed their application for referral of the
matter to the Constitutional Court.
Mamombe and Chimbiri, in their application for Mrs
Mushure’s recusal, said the court ruled against them and allowed the State to
call back a witness, who was used to tender into the record exhibit documents
that they had objected to.
The duo also said that they have filed five applications in
the High Court where Mrs Mushure is a respondent rendering her ineligible to
continue presiding over their matter.
The State led by Mr Michael Reza opposed the application
saying it was not guided by any provisions of the law.
Mr Reza said the two were suing the application as one of
their many ways to stall trial progress.
“He (Muchadehama) never stated the law in which he’s making
the application. Every application must be guided by sections or provisions of
a statute. He said he is applying for your recusal based on no law and for no
reason at all. However, the reason for this application is to further delay
this trial.
“This trial has been fair but has not been speedy and has not been heard in reasonable time because of them. It has been application after application,” he said.
Mr Reza told the court that Mamombe and Chimbiri knew very well that their applications lack merit, but they continue making them for purposes of delaying trial proceedings. Herald
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