The high-profile trial of Zimbabwe’s former finance minister Chris Kuruneri for allegedly smuggling money abroad resumed on Monday with his lawyers asking for the judge to be changed.
”The view of the public is that there has been bias in this trial and the court cannot ignore this,” Kuruneri’s lawyer Jonathan Samkange told High Court Judge Susan Mavangira.
”This bias has been expressed by various people through the media, including the public media, and in conversations, the ordinary man is saying Kuruneri will not have a fair trial if the case is presided over by you.
”It’s for that reason that I humbly ask your ladyship to recuse yourself from these proceedings.”
Kuruneri was arrested in April last year at the height of the Zimbabwean government’s anti-graft crusade, becoming the most senior official to face charges of corruption.
His trial opened in May with the ex-minister denying charges of funnelling foreign currency to South Africa to buy a mansion in an upscale Cape Town suburb and a luxury car.
Samkange said the judge showed bias from the onset of the trial when she threw out an application by Kuruneri for a day’s postponement while awaiting the arrival of one of his lawyers who was in Namibia.
”The refusal showed bias against the accused and was designed to frustrate him from having a lawyer of his choice and coming prepared for his trial,” the lawyer told the court.
Samkange said Mavangira ”stepped into the shoes of the prosecution” by altering the charge sheet after defence lawyers pointed out that the charges stated in the prosecution’s papers did not disclose an offence.
”The difficulty is that the accused has been handicapped because he will not be able to challenge the amendments because they were done by you,” Samkange said.
”With these prejudices there is only one assured finality. The accused has shown there is bias and any reasonable person going through the case will see there is bias here.”
Kuruneri was released from remand prison in July after more than a year in remand prison and 10 appeals for bail.
He faces seven counts of breaching Zimbabwe’s exchange-control laws by allegedly transferring $500 000, £37 000, €30 000 and R1,2-million to buy and renovate an eight-bedroom mansion.
Mavangira convicted Kuruneri on charges of breaching the citizenship laws after he confessed to holding a Canadian passport in addition to a Zimbabwean diplomatic passport.
Zimbabwean law does not allow dual citizenship.
His trial continues on Tuesday. — Sapa-AFP