Judge gives ‘yellow card’ to city lawyer

further improper conduct or misbehaviour.
“It is the height of folly and tactless in the extreme for defence counsel to attack the court in the Press while the trial is in progress.
“The adage that those who live in glass houses should not throw stones is apt,” said Justice Bhunu.
Mr Kwaramba reportedly indicated in the interview that justice was biased against MDC members and that the moment one is labelled MDC, he or she is treated differently.

Dismissing the group’s bail applica­tion for failure to establish special cir­cumstances warranting their release, Justice Bhunu took a swipe at the con­duct of Mr Kwaramba.

The 29, according to Justice Bhunu, did not establish special circum­stances warranting their release on bail as required by Section 117 (6) of the Criminal Proce­dure and Evidence Act.

The section, according to the judge, bars the court from granting bail to people accused of killing a police offi­cer unless they establish special cir­cumstances.
He described the lawyer’s conduct as “malicious, slanderous, contemptu­ous and unethical” before warning him against future improper conduct.

The judge said the High Court was not a political entity, instead its mission was to dispense world class justice to all people without fear or favour.
“Let me make it very clear at this junc­ture that this is not a political entity, but an independent adjudicating authority that owes no allegiance to anyone.
“Mr Kwaramba cannot avoid complying with the law by whipping up biased politi­cal support from the media and some biased obscure self-styled, shallow-minded if not bogus lawyers whom I have never encountered at the courts in my 31 years of experience.

“This court’s mission is to dispense world class justice to all manner of people without fear or favour.
“Right now as I speak, the MDC presi­dent (Mr Morgan Tsvangirai) is busy defending in the Supreme Court this court’s landmark judgment issued in his favour against his arch rival the President of Zanu-PF and Zimbabwe (Cde Mugabe).

“That puts to shame Mr Kwaramba’s ill-conceived malicious remarks in the Press bent on bringing the due administration of justice into disrepute,” he said.
Mr Kwaramba reportedly questioned how policemen accused of killing a Shamva man were granted US$50 bail when the 29 have spent over a year in prison.

Justice Bhunu said Mr Kwaramba delib­erately misled the nation in the newspa­per article when he really knew that the law required special circumstances in the killing of a policeman on duty.

The situation, the judge said, was differ­ent from the Shamva murder because the law does not require the establishment of special circumstances where any other person has been murdered.

If Mr Kwaramba was challenging the position of the law, the judge said, he should have attacked lawmakers, not the judiciary.
However, the judge commended the other defence lawyer Ms Beatrice Mtetwa for her professionalism despite being aggressive and temperamental.

“Fortunately, the lead defence counsel Ms Mtetwa to her credit has remained professionally ethical and focused on her core business of defending her clients to the best of her ability without casting any aspersions on the court or her col­leagues.

“Admittedly, she is rather aggressive, temperamental and tenacious in her pre­sentations but she remains professional, ethical and dignified within the accept­able limits of the profession,” said Justice Bhunu.

The 29 were further remanded in cus­tody to today when the trial continues with Ms Mtetwa cross-examining the State’s sixth witness Assistant Inspector Spencer Nyararai.
An inspection in loco will be conducted at Glen View 3 shops tomorrow.