HARARE – Kingstons Holdings ex-boss Brian Sedze, has accused a Harare magistrate and a prosecutor of bias and demanded that the two recuse themselves in his trial on 35 counts of fraud.
In his application filed by his lawyer Tazorora Musarurwa, Sedze asked that Harare regional magistrate Simon Rogers Kachambwa and prosecutor Michael Reza recuse themselves from handling his case.
“I make this application on the basis that both the court and the trial prosecutor have shown actual bias against me and because of this, my right to a fair trial has been infringed and will continue to be infringed if the status quo remains,” Sedze said.
He told the court that after the state closed its case, he applied for discharge.
The state did not respond to his application but applied for the re-opening of the case.
“It is apparent that the trial prosecutor noted that his case had loopholes and he wanted to plug those loopholes by re-opening his case,” Sedze said.
He opposed the re-opening of the State’s case, arguing it had been overtaken by events. However, the court granted the state’s request.
Sedze said it appeared the State had “vested interests in the matter”, adding that its conduct was far from dispassionate, fair and impartial.
The 35 counts of fraud against Sedze arose after he allegedly pocketed money owed to National Social Security Authority (Nssa).