HARARE – Harare regional magistrate Simon Rogers Kachambwa has dismissed an application by ex-Kingstons Holdings’ boss Brian Sedze, seeking his recusal from handling his 35 counts of fraud.
Sedze made an application last week demanding Kachambwa and prosecutor Michael Reza recuse themselves from handling his case, citing procedural irregularities.
However, Kachambwa yesterday said Sedze’s application had a “sinister motive and was malicious.”
“The applicant’s intention is to buy time and create a monster out of me. There are no valid grounds for which I can recuse myself,” Kachambwa said, adding that Sedze was imagining and fantasising issues.
Kachambwa said he had no interest in Sedze’s fate but the smooth flow of the justice delivery system.
After the application was dismissed, the state proceeded to lead evidence from its last witness Sifiso Mugadza, before Sedze gave notice to apply for discharge.
He will file his submissions next Tuesday and the state will respond by December 13, before the court makes its ruling on December 20.
In the application, seeking Reza and Kachambwa’s recusal, Sedze through his lawyer Tazorora Musarurwa, cited several irregularities, which the State however, said were false.
He said that Reza and Kachambwa were biased against him, claiming that after the State closed its case in the matter, he applied for discharge.
Sedze further said that after the state saw his application, it did not respond but applied for the re-opening of the State’s case.
Reza in his response to the application told the court that he never saw the application that Sedze claimed he had filed with the court.
He also said during the time that Sedze claims he handed him the application, he was on leave.
“Applicant is clearly wrong. There was no application for discharge before the court. He did not make one,” Reza said.
Reza said there was no evidence showing how he had acted in a biased manner against Sedze, before declining to recuse himself from the case.
The 35 counts of fraud against Sedze arose after he allegedly pocketed money owed to National Social Security Authority (Nssa).