Recusal application dismissed

Tendai Rupapa Senior Court Reporter
A bid by former Kingstons Holdings chief executive Brian Sedze seeking the recusal of both the trial magistrate and prosecutor in a case in which he is facing a US$130 000 fraud charge failed after a Harare magistrate turned down his application.Sedze is accusing regional magistrate Mr Simon Kachambwa and Mr Michael Reza of bias denying him a fair trial. Mr Kachambwa dismissed the application saying Sedze only wanted to buy time.

“The accused is being a cry baby as he fantasizes things. This application’s intention is to buy time hence there are no valid grounds for which I can recuse myself. I do not have any interests whatsoever in this case. I am only there to do justice to this matter. The accused person is not even thankful to the court which kept on granting his applications for postponement of the matter. I will not be moved an inch by the allegations he made against me and accordingly the application is hereby dismissed.”

In his application Sedze questioned why the magistrate did not determine his application for discharge. Mr Kachambwa professed ignorance over the application.

“Nothing was submitted to the court as is the practice. If indeed his lawyer, then Mr Fred Machokoto or Mr Admire Rubaya, had made the application he would have given notice to the court for the court to know when the application would be made and when the State would respond,” he said.