THE trial of property developer George Katsimberis, who is being accused of having fraudulently built a showroom in Borrowdale, Harare, was briefly stopped after his lawyer filed an application for recusal of magistrate Vongai Muchuchuti-Guwuriro.
Tino Chinyoka, who is representing Katsimberis, submitted that his client would not be get a fair trial with Muchuchuti-Guwuriro presiding.
Chinyoka said the magistrate mischaracterised their application for postponement on February 14 by lawyer Millicent Moyo of Mutumbwa Law Firm, who was standing in for him, by reprimanding her for misleading the court to the effect that the advocate had travelled to South Africa for medical attention when in actual fact he was in the country.
The lawyer said Moyo had been asked by the Law Society of Zimbabwe to explain why she lied in court.
“The application for recusal of the magistrate is not a personal attack but is necessitated by the disciplinary action being carried out by the Law Society of Zimbabwe against Moyo,” Chinyoka said.
He also said conflict of interest had arisen in the matter, and that the defence was now suing the magistrate.
Deputy Prosecutor-General Micheal Reza told the court that he would file his response on the application next week on Monday.
The matter was deferred to June 7 for a ruling.
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