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Cletus Mushanawani Mash Central Bureau
BINDURA Municipality chamber secretary Naison Machingauta and finance director Lovemore Warurama appeared in court last week on allegations of assaulting the town’s former mayor Mr Innocent Zvigumbu last year.
Machingauta and Warurama, who were self-actors during their court appearance, alleged that they had been ambushed by the State and not afforded an opportunity to seek legal representation.
They argued that it was their constitutional right to be represented by a legal practitioner of their choice and magistrate Mr Eric Kadye ruled in their favour.
They will be back in the court on August 26.
However, Mr Kadye recused himself after Machingauta’s address to the court arguing that the record should reflect that they had legal representation.
He also raised the issue of hostility from the court as well as delays by the State to give them a trial date.
The State in response said it had given the accused persons ample time to prepare for the trial when it gave them the State papers. In his ruling, Mr Kadye warned the accused persons against buying time by raising trivial issues.
“The court was surprised by what the second accused person (Machingauta) presented. The court is simply visited with State papers showing that the case is new. The history of the case that was outlined by the accused person is irrelevant.
“It is just time wasting. The second accused person should be guided to pay attention to the proceedings and not to try to bulldoze his way with issues that are not relevant to the case.
“Through the behaviour of the second accused person, the case must be placed before another magistrate and therefore I am recusing myself,” said Mr Kadye.
Prosecuting, Mr Vincent Marunya, said on August 8, 2018 at Bindura Municipality, Warurama and Machingauta allegedly assaulted the former mayor Mr Innocent Zvigumbu.
“On January 8, 2018 at Bindura Municipality Town House, the two (Warurama and Machingauta) or one of them unlawfully assaulted Innocent Zvigumbu by tripping him.
“He also grabbed the complainant by the collar and pulled down intending to cause bodily harm,” said Mr Marunya.