Hopewell Chin’ono seeks magistrate recusal. Chin’ono, who is facing incitement of public violence appeared before Nduna on Monday. “On the last appearance before magistrate Tranos Utahwashe, it was the client’s request for Nduna to recuse himself because of the pending matter between him and the court in the High Court.
Freelance journalist Hopewell Chin’ono is seeking to have magistrate Ngoni Nduna recuse himself from dealing with his matter because of a pending matter between himself and the court at the High Court.
“The State didn’t oppose the application which was done in chambers and when we came today we had anticipated that it would be heard by another magistrate because there is another application that we intend to make so we are requesting that the matter be referred to another magistrate because the State was also in agreement.
“Since it is still at remand stage, senior regional magistrate Utahwashe said he could allocate the matter to any other magistrate,” said Chin’ono’s lawyer Gift Mtisi.
Representing the State Tendai Shonhai said on the last appearance Chin’ono through his lawyers refused to have the matter remanded by Nduna and they sought audience from Utahwashe who then remanded the matter but no concessions were made but Utahwashe made an undertaking to assign the matter to a different magistrate.
Nduna questioned the procedure that had been applied because at law, an accused person is supposed to make an application for recusal before the magistrate whom he wants to recuse himself so that he can make the determination.
The matter was adjourned to today when Chin’ono’s lawyers are expected to make the formal application for recusal. Nduna barred Human Rights lawyer Beatrice Mtetwa from representing Chin’ono accusing her of scandalising the courts a ruling which is being contested in the High Court.
Source – H-Metro
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