Nhau News Online News that is accurate, reliable, trustworthy!!
Prominent investigative journalist Hopewell Chin’ono made an application for a Harare magistrate to recuse himself from handling his criminal case before the Harare Magistrates court, Tuesday.
Chin’ono through his lawyers Doug Coltart and Gift Mtisi told Harare magistrate Ngoni Nduna that he no longer wanted him to preside over his case before the court.
Nduna made the ruling to have human rights lawyer Beatrice Mtetwa disbarred from representing Chin’ono during his bail application at the same court.
Chin’ono is facing charges of incitement to commit public violence or alternatively incitement to participate in a gathering with the intent to promote public violence prior to the July 31st thwarted protests.
During their submissions Nduna said that it was lawful for Chin’ono to make such an application but the court was conscious of the fact that once a person is allocated a case, that person should handle the case properly to finality.
Nduna accused Chin’ono of intending to make such an application without producing any documentary evidence to support some of his submissions which meant that it may not be serious as alluded.
“Accused is not rendering evidence to the court that his lawyer Advocate Nyamakura is going to undergo examinations out of the country. Accused did not also produce any form of documentary evidence that he seeks to undergo toxicology tests in South Africa,” Nduna said.
Magistrate Nduna considered that both the State and Chin’ono all had rights before the court that needed to be considered before a decision was to be made concerning the application.
“State has a right to study the application in order to make a meaningful response and accused also has a right to be represented by a lawyer of his choice,” he said.
Nduna’s averments arose after the State led by Whisper Mabhaudhi submitted that they also needed time to respond to the written submissions that will be handed to the court by Chin’ono’s defence tomorrow.
Chin’ono also submitted that his lead counsel Advocate Taona Nyamakura will be committed with exams outside the country the whole of next week, hence the hearing of the application could not be done in his absence.
Nduna ruled that the latest possible date the application could be heard would be next month on the 2nd of November.
After the application is heard, Chin’ono intends to make more applications before a different magistrate. Nhau/Indaba
