It never rains but pours for embattled Star FM presenter DJ Munyaradzi Milimo, who is accused of kidnapping and murdering Tinashe Magorimbo through poisoning, after his fourth application for refusal of further remand hit a brick wall the day before yesterday.
Milimo who ‘trades’ as DJ Munya and his alleged accomplices, Taurai Jani and Mohammed Matare, on Tuesday unsuccessfully made the application before a new magistrate.
The magistrate dealing with the matter, Mr Milton Serima, was said to be occupied elsewhere, prompting the trio to make an application for refusal of further remand before Mr Tendai Mahwe, which the State opposed.
Recently, through their lawyer Mr Lucky Mauwa of Magomeza and Mazhindu Legal Practitioners, the trio made its third application for refusal of further remand which Mr Serima dismissed.
Mr Serima, however, placed the State – led by Miss Sharon Mashavira – on notice to furnish the three with their trial date at their next appearance, which was yesterday. Mr Serima added that if the State failed to provide them with a trial date yesterday, he would free them.
The trio made its fourth bid for freedom yesterday, pinning their hopes on what Mr Serima said on the last remand hearing.
They argued that it was unconstitutional and prejudicial to keep them on remand hence they should be freed and the State to proceed by way of summons when its house is in order.
However, Miss Mashavira – in her response – argued that it was not in the interest of justice to remove the three from remand adding that they were still awaiting response from the Prosecutor-General’s Office on the position of the docket which was submitted there for preparation of indictment papers.
After hearing submissions from both counsels, Mr Mahwe ruled that his hands were tied and could not make a ruling on a matter which was being handled by another magistrate. He remanded the matter to January 7 saying that Mr Serima would be back by then.
Miss Mashavira alleges that Magorimbo was murdered after failing to pay DJ Munya US$5 000 compensation for having an affair with his wife.
Magorimbo allegedly paid DJ Munya US$1 000 in February last year through Janhi and Matare in part settlement of the US$5 000.
DJ Munya allegedly commissioned Janhi and Matare to “deal” with Magorimbo after he became evasive over the balance, the court heard.