Magistrate Tsikwa cited ongoing bickering between the
Ngwenya family, and that of the victim, as his reason for recusal.
He said there had been too much bragging, between the two
families, about what they could do to influence the outcome of the case.
The trial had been delayed three times because of the
non-appearance of the family maid, who was present at the time of the alleged
offence.
A letter from the victim’s father to the National
Prosecuting Authority accused Ngwenya of allegedly preventing the witness from
testifying, and also suggested he had sold an asset for US$15 000, to try and
influence the outcome of the case.
Magistrate Tsikwa said he recused himself on professional
grounds emanating from the ongoing bickering between the Ngwenya family and
that of the schoolgirl.
“In this case, I formally announce my recusal given the
following reasons;
“Accused was arraigned before this court and pleaded not
guilty to the offences.
“The case was postponed on three occasions with the State
trying to secure the attendance of the first person to be told, who was the
family maid, when the offence was allegedly committed.
“It’s most unfortunate that there has been too much
bickering between the families which has made me uncomfortable to deal with the
matter because of the bragging between the families of what they can do to
influence the outcome of this matter.
“Information that I have received has made me recuse myself
in the interests of justice.
“I shall not mention the full reasons, but this recusal is
based on professional grounds,” he said.
The case had been temporarily halted after the maid’s
attendance couldn’t be secured.
H-Metro is reliably informed that the father of the child
hired private investigators, who assisted the police in locating the maid,
Winnet Mugobo.
Winnet, who is now available to testify, was warned to
appear in court next Tuesday for the trial, when it starts under another
magistrate.
In a letter of complaint written by the girl’s father, to
the National Prosecuting Authority, he complained about the court’s ‘rushed
approach’ in the face of the unavailability of the witness, which he claimed
was caused by Ngwenya.
“I have made efforts to look for the witness whose
unavailability was not by coincidence.
“Her absence was because of the efforts by the accused to
prevent her appearance before the courts to testify.
“The court did not inspire any confidence in our quest for
justice when it kept on threatening to continue with the matter before this
crucial witness was available.
“The lack of patience exhibited by the court removes all
the confidence we had in this trial,” read part of the complaint letter to the
NPA.
The girl’s father further raised the US$15 000 property
sale Ngwenya allegedly made as part of a mission to use the money to ensure
that he was acquitted of rape as a basis to have the magistrate recuse himself.
H Metro
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