Suspect sues 'biased' magistrate

In what could be a legal first, a Gweru man has filed an urgent chamber application seeking the removal of a magistrate from trying his case, arguing that the official was biased against him.

Berlin Kumirai Chitiki is accusing Gweru magistrate Tendai Madanhire of bias in handling his trial.

Madanhire is the first respondent while the National Prosecuting Authority (NPA), chief law officer (Central Division), the area and trial prosecutors are respondents.

Chitiki in his court papers said he wanted a review of his ongoing case that was heard by Madanhire in Gweru on 18 March.
It was not revealed why Chitiki was in court.

He prayed that the High Court in Bulawayo would hear his case urgently as he is set to appear again before Madanhire on April 1.

He said he feared that if his trial was allowed to continue, Madanhire could unfairly convict him as he had shown "uncontrollable impatience and bias towards him."

Chitiki said on 18 March, when he first appeared before Madanhire, the magistrate harshly denied him the chance to be represented by his lawyer.

He said the case was about to start while his lawyer was in the corridor speaking to a colleague, when Madanhire ignored his protests and angrily ordered him to proceed with his defence outline, without his lawyer.

Chitiki wants the court to stop Madhanire from presiding over his case the next time he appears in court.

The respondents have until the end of the day tomorrow (Friday) to file opposing papers.

By Thursday night, they had not filed the papers.