Job Sikhala Seeks Magistrate's Recusal
Jailed Citizens’ Coalition for Change (CCC) vice chairman, Job Sikhala, wants Harare Magistrate Tafadzwa Miti, who is presiding over his trial, to excuse herself from the case, alleging.
Sikhala is accused of inciting public violence that rocked the Nyatsime area in June this year following the murder of CCC activist Moreblessing Ali.
He is jointly charged with Godfrey Sithole, who is out on bail.
Sikhala was on Wednesday denied bail by Miti, who said the Zengeza West MP was arrested 63 times before and was therefore an incorrigible and unrepentant person, without respect for the law.
This is despite the fact that the Sikhala was never convicted on all of his previous arrests.
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Sikhala and Sithole’s trial was supposed to start on Thursday, but the former, who is in pre-trial detention at Chikurubi Maximum Prison, raised concerns resulting in the case being rolled over to 7 December for a ruling. Sikhala lawyer, Jeremiah Bamu:
We are aware this matter is scheduled for trial commencement. However, we have instructions to seek recusal of the magistrate from this matter.
This is respectfully because of the apprehension that the accused may not receive a fair trial if proceedings were to continue before you.
Bamu said he will submit a detailed written application by Monday next week.
Meanwhile, Sithole said he will abide by the decision of the court as recusal does not affect him. | NewZimbabwe.com
