A bid to evade Harare magistrate Mrs Vongai Muchuchuti Guwuriro by Tendai Biti yesterday hit a brick wall for the second time after she dismissed his application for her recusal.
Biti is facing charges of manhandling a Russian investor Ms Tatiana Aleshina at the Harare Magistrate’s Court.
Last week Biti regurgitated his application for the recusal of Mrs Guwuriro from handling his matter citing bias and malice.
Biti late last year made such an application but it was dismissed by the same magistrate prompting him to appeal against her ruling at the High Court.
High Court judge Justice Chitapi also dismissed Biti’s appeal due to lack of substance before ordering the matter to continue from where it was left.
In dismissing the application Mrs Guwuriro said the mere possibility of bias must be proved in such applications.
She said the court cannot be said to be biased because it has made a ruling that is not in favour of an accused person.
“The accused failed to show bias as required by the law.
“The accused wants this court’s recusal without legal basis, therefore his application is dismissed,” she said.
In his application yesterday Biti said he has so far filed seven cases against Mrs Guwuriro Muchuchuti meaning she was now his opponent.
Biti told the court that he now feels that he would not get a free and fair trial before Mrs Muchuchuti Guwuriro.
Prosecutor Mr Tafara Chirambira opposed the application saying it was baseless.
“Does it mean if a court makes a decision which is against an accused person it has become malice or biased?
“Justice does not mean that the litigant gets what they want. Recusal is not just there for the taking, presiding officers had the right to seat and decide cases,” said Mr Chirambira.
He said all the issues which Biti raised in this application were just the same ones which were dismissed by Justice Chitapi.
Nothing has been shown which speaks of bias.
“Once we say a court becomes biased by making a ruling against an accused person then we are headed for disaster,” he said.