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Court Correspondent
The two men accused of defrauding Mashwede Holdings of fuel coupons worth nearly US$17 850 have had their application for the recusal of Harare Magistrate Mrs Evelyn Mashavirakure dismissed as she has ruled she was not biased when she dismissed the application by Edison Mashamhanda and Nevanji Madanhire for discharge after the conclusion of the State’s case.
In dismissing the second application, Mrs Mashavirakure said it did not meet the requirements which warranted her recusal.
She further ruled that no bias was shown and there were no interests which had been cultivated by the magistrate when she found that the State had made a sufficiently good case that the two must now mount their defence.
The State led by Mr Moses Mapanga opposed the application saying it was only a delaying tactic being used by the two.
Mr Mapanga said the two sought postponement of the matter numerous times and they could have indicated that the magistrate was not, in their opinion, impartial at those material times.
“This issue is being raised at the eleventh hour yet the matter was postponed more than nine times at the defence case stage only,” he said.
“On no occasion had any intimation been given that such recusal would be sought.
“This is clearly a dilatory tactic by the accused persons to secure a postponement at all costs.”
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