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Magistrate recuses self from CIO informer's trial

by Staff reporter
29 Aug 2017 at 06:12hrs | Views
HARARE regional magistrate Noel Mupeiwa, who was handling the matter involving Central Intelligence Organisation (CIO) informer Delish Nguwaya, has recused himself from the matter, saying the law enforcement agents were the main witnesses in the incident which received condemnation by the High Court.

Nguwaya was on Sunday this week served with summons to appear in court, two days after he was allegedly bashed by police officers who dragged out of the courtroom accusing him of undermining police authority.

Nguwaya's arrest was condemned by High Court judge Justice Charles Hungwe, who, after watching a video footage of how he was arrested at the magistrates' court, described the process as robbery.

Initially, Nguwaya was supposed to be tried on extortion and cocaine possession charges, but the trial failed to materialise after he was seized from the court building, prompting Mupeiwa to refuse to further remand him.

After listening to the submissions by both the State and defence, Mupeiwa said it was in the best interest of justice to recuse himself.

Prosecutor Constance Ngombengombe had told the court the State was now ready to proceed with the matter, but Nguwaya's lawyer Augustine Borerwe applied for postponement saying his client was still in pain as he had a plaster cast on his left hand and walked with the aid of a crutch.

Borerwe said Nguwaya's doctor has recommended a month's rest. He also said his legal representative of choice, Jonathan Samukange, was out of the country and expected back on September 28.

Source - newsday
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