Source: High Court stops ‘Kebab’ $85 000 theft trial – NewsDay Zimbabwe June 2, 2017
The High Court has stopped the trial of Eddie “Kebab” Zviitwa and Keegan Blumear, who are being accused of stealing $85 000 from a Lebanese national.
BY DESMOND CHINGARANDE
The trial was halted after the complainant in the matter, Taghlan Hosvep, had started giving his testimony afresh for the second time after the High Court ordered the trial to restart.
However, Zviitwa and Blumears filed an urgent chamber application to have the trial stayed pending a review of the first proceedings.
In their application for review, the accused had submitted that regional magistrate, Hosea Mujaya had erred in dismissing their application for discharge at the close of the State case.
The rescheduled trial, on several occasions, had false starts due to different reasons.
The case has witnessed two magistrates, Mujaya and Lucy Mungwari, recusing themselves citing conflict of interest.
The drama over the trial started when Mujaya discharged the accused’s alleged accomplices, Taurai Makata, Obey Chakacha and Tinashe Hakunavanhu, who were facing the same charges, on the basis that the State had failed to prove a case against them.
Blumears’ lawyer, Admire Rubaya, also recused himself from the matter after the magistrate insisted that his clients should be put on their defences.
The matter was then postponed and on the next remand date, Mujaya also recused himself, saying the defence counsel was under the impression that he was being pressured by someone to convict his clients.
Mugwari also recused herself, saying she, at one point, had presided over a case in which one of the witnesses in the matter was involved and, as such, there was a conflict of interest.
The magistrate then ordered the State to proceed by way of summons pending the determination by the High Court.
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