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Justice Thompson Mabhikwa has decided to recuse himself from a case involving Harare lawyer Admire Rubaya and seven others who were arrested in connection with the theft of gold that was stolen from Plumtree ZRP armoury in 2018, The Herald reports.
According to the publication, <a href="https://news.pindula.co.zw/2020/06/24/high-court-judge-revokes-bail-for-8-plumtree-970k-gold-heist-suspects/">Rubaya who was incarcerated for 10 days in June</a> at Khami Prison after the High Court revoked bail for all the suspects in the case:
<ol>
<li>Is demanding over $1.1 million from Justice Mabhikwa in damages for unlawful incarceration</li>
<li>Wants Justice Mabhikwa’s fitness to hold office investigated.</li>
<li> Wants ZACC to investigate Justice Mabikwa</li>
<li>Wants ZRP to arrest Justice Mabhikwa.</li>
<li>Want the Judicial Service Commission, which regulates the conduct of judges, to investigate Justice Mabhikwa’s conduct.</li>
</ol>
According to the publication, Rubaya is arguing that:
<blockquote>When Justice Mabhikwa revoked their bail and remanded them in custody, without the State making an application for such incarceration, Justice Mabhikwa acted with unparalleled caprice to his prejudice in a bid to fast-track a trial he had earlier on postponed to September 8 by the consent of all parties.
He further argued that Justice Mabhikwa’s decision to mete “group” punishment on the co-accused persons who were in attendance on June 23, 2020 on the basis of the non-appearance in court of Chaganda was not only unprecedented, but also negated basic fundamental tenets of natural justice.</blockquote>
In recusing himself from the case, Justice Mabhikwa said he was recusing himself so that justice must not just be done, but must be seen to be done.
More: <a href="https://www.herald.co.zw/judge-recuses-self-in-gold-theft-case/">The Herald </a>

Pindula News

Bulawayo High Court Judge Recuse Himself From A Case As Lawyer Seeks His Arrest

A High Court Judge, Justice Thompson Mabhikwa has revoked bail for 8 people who are suspected to be behind the Plumtree Police Station $970k gold heist in 2018 after one of them reportedly faked his own death to abscond trial, the Chronicle reports.
One of the accused, Jefat Chaganda’s lawyers, told the court that Changanda had died but failed to produce a death certificate for him which prompted the court to issue an arrest warrant for him since ZRP believes he might have skipped the country in order to abscond trial.
The judge yesterday ruled that the other 8 suspects be kept in custody till their trial starts on 8 September as there is a likelihood that they will abscond trial too since Chaganda failed to appear in court.
The 8 are accused of theft after gold weighing 28kgs was stolen out of Plumtree Police Station Armoury in July 2018 and their trial has failed to kick off for a number of reasons including the accused filling several applications at the Supreme and the High court.
The 8 are:
<blockquote>Plumtree regional magistrate Timeon Tavengwa Makunde, Stanley Chinyanganya, who is the area public prosecutor, prominent Harare lawyer Admire Rubaya as well as Dingumuzi Ncube, Tyson Ruvando, Godfrey Makuvadze, Ladislous Tamboonei and Detective Assistant Inspector Ladislous Tinacho, who is in charge of the ZRP Minerals and Border Control.</blockquote>
More: <a href="https://www.chronicle.co.zw/us1-million-gold-theft-judge-revokes-bail/">Chronicle</a>

High Court Judge Revokes Bail For 8 Plumtree $970k Gold Heist Suspects

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