MDC Alliance MP for Chiwundura constituency Levison Chimina wants the recusal of the prosecutor Namatirai Chipere whom he accuses of being a known ZANU PF activist and avid supporter.
Hon Chimina is back in court to answer charges of assault where he and others are being accused of assaulting ZANU PF youths who had illegally invaded Kudzanai Bus Terminus collecting parking fees.
Chimina’s lawyer Wellington Davira said his client is seeking recusal of the prosecutor whom he accuse of being an interested party, she is a known ZANU PF member and activist.
Davira said his client was being persecuted for being an affiliate of the MDC Alliance in a case being handled by a known Zanu PF supporter.
He further alleged that the prosecutor was once heard saying she is sending Chimina to jail without fail.
“Though all the allegations from my client might not be proven, basing on point that these are facts coming from an involved party, at law we are allowed on grounds of recusal to take such a move so as to facilitate for access to justice,” said Davira.
The case is to continue on 15 June 2020.
Chimina is accused of teaming up City of Gweru employee, Charles Machangira and a bus company supervisor, Leticia Mteliso in assaulting a Zanu PF youth, Thomas Moyo on 10 January 2019 after he had invaded Kudzanayi bus terminus rank together with other ruling party youths to illegally collect parking fees from buses.
The state witness in the case Rumbidzai Waungana is also accused to be a member of the Central Intelligence Organization.
During cross-examination before magistrate Tavengewa Sangster, Chimina’s lawyer Davira asked Waungana to explain how she had become a witness in the two separate cases involving his client.
“Is it by coincidence that you happened to be a witness in the two cases involving the MP; one which happened in Mkoba and another at Kudzanayi rank in town on different dates? How come you were there at those scenes right when the alleged crimes happened?” he asked.
In response, Waungana said she enjoyed following up on issues to do with breaking of the law.
She, however, gave conflicting answers to further questions ,at one point she claimed was unable to read English after she was been asked to explain why her statement to the police was different from her testimony in court.
“I gave my statement to the police and they wrote it in English. I cannot read English so I just signed it, that is why it may be different from what I am saying,” she said.
Waungana said she saw Chimina assaulting Moyo using a machete on the day in question.
She said that Chimina was in the company of a 100 other people who took turns to assault Moyo.
She, however, failed explain why Moyo in his own testimony said he did not suffer injuries from the assault.
Waungana also failed to describe the clothes the MP was wearing or say whether he was putting on a head-gear or not.
“I want to put it to you that you have been coached and you are giving fabricated evidence for reasons best known to yourself. MP Chimina on that day never visited Kudzanayi rank and you never saw him,” Davira said.