Justice Thompson Mabhikwa has decided to recuse himself from a case involving Harare lawyer Admire Rubaya and seven others who were arrested in connection with the theft of gold that was stolen from Plumtree ZRP armoury in 2018, The Herald reports.
According to the publication, Rubaya who was incarcerated for 10 days in June at Khami Prison after the High Court revoked bail for all the suspects in the case:
- Is demanding over $1.1 million from Justice Mabhikwa in damages for unlawful incarceration
- Wants Justice Mabhikwa’s fitness to hold office investigated.
- Wants ZACC to investigate Justice Mabikwa
- Wants ZRP to arrest Justice Mabhikwa.
- Want the Judicial Service Commission, which regulates the conduct of judges, to investigate Justice Mabhikwa’s conduct.
According to the publication, Rubaya is arguing that:
When Justice Mabhikwa revoked their bail and remanded them in custody, without the State making an application for such incarceration, Justice Mabhikwa acted with unparalleled caprice to his prejudice in a bid to fast-track a trial he had earlier on postponed to September 8 by the consent of all parties.
He further argued that Justice Mabhikwa’s decision to mete “group” punishment on the co-accused persons who were in attendance on June 23, 2020 on the basis of the non-appearance in court of Chaganda was not only unprecedented, but also negated basic fundamental tenets of natural justice.
In recusing himself from the case, Justice Mabhikwa said he was recusing himself so that justice must not just be done, but must be seen to be done.
More: The Herald