News / Local
Lawyer accuses High Court judge of bias
15 Oct 2015 at 07:00hrs | Views
THERE was drama at the Bulawayo High Court yesterday as the lawyer representing a murder convict accused presiding judge Justice Lawrence Kamocha of giving a biased verdict against his client.
Lawyer Sampson Mlaudzi could not hide his anger when his client Forward Maphala Ndlovu (28) of Guyu in Gwanda was slapped with a 33-year jail term for killing Sarai Ndlovu, who was 40.
Mlaudzi immediately filed an application for leave to appeal to the Supreme Court against both conviction and sentence, but Justice Kamocha dismissed it for lack of merit.
In the application, Mlaudzi had argued that the evidence brought to court did not warrant his client's conviction, as it did not explicitly indicate that Ndlovu was responsible for the murder.
"The court has not applied its mind to the contradictions of the evidence of [State witness Thando] Chinangana, hence did not take them into account in coming to the conclusion of finding the accused guilty of the charge of murder," Mlaudzi said.
He said the State failed to avail Ndlovu's witnesses.
"It is humbly submitted that the honourable court has been biased to convict the accused and therefore pray for the leave to appeal," Mlaudzi submitted.
In dismissing the appeal, Justice Kamocha said it was not the duty of the court or State to invite defence witnesses.
"It does not mean that all those who have been convicted were because the court was biased, but they were convicted through evidence. Therefore, this application has no merit and is hereby dismissed," the judge ruled.
The court heard that Ndlovu fatally stabbed the now-deceased at Tibeli business centre late last year after the latter had rebuked him for caressing his daughter without her consent.
Lawyer Sampson Mlaudzi could not hide his anger when his client Forward Maphala Ndlovu (28) of Guyu in Gwanda was slapped with a 33-year jail term for killing Sarai Ndlovu, who was 40.
Mlaudzi immediately filed an application for leave to appeal to the Supreme Court against both conviction and sentence, but Justice Kamocha dismissed it for lack of merit.
In the application, Mlaudzi had argued that the evidence brought to court did not warrant his client's conviction, as it did not explicitly indicate that Ndlovu was responsible for the murder.
"The court has not applied its mind to the contradictions of the evidence of [State witness Thando] Chinangana, hence did not take them into account in coming to the conclusion of finding the accused guilty of the charge of murder," Mlaudzi said.
He said the State failed to avail Ndlovu's witnesses.
"It is humbly submitted that the honourable court has been biased to convict the accused and therefore pray for the leave to appeal," Mlaudzi submitted.
In dismissing the appeal, Justice Kamocha said it was not the duty of the court or State to invite defence witnesses.
"It does not mean that all those who have been convicted were because the court was biased, but they were convicted through evidence. Therefore, this application has no merit and is hereby dismissed," the judge ruled.
The court heard that Ndlovu fatally stabbed the now-deceased at Tibeli business centre late last year after the latter had rebuked him for caressing his daughter without her consent.
Source - Southern Eye
