A second bid by builder George Katsimberis to have the services of a Greek interpreter in his fraud trial hit another brick wall after it was dismissed.
Katsimberis who has been in and out of courts following all proceedings in English had applied for the services of a Greek interpreter in making an application for referral to the Constitutional Court of his matter.
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Book NowIn dismissing the application Harare magistrate Mrs Vongai Guwuriro Muchuchuti concurred with the State in that she was functus officio as she once dismissed this application.
She further ruled that a judicial officer cannot hear the same matter twice.
“This court has become functus officio therefore the application is hereby dismissed,” she said.
Deputy Prosecutor General Mr Micheal Reza last week opposed this application saying Katsimberis must approach the High Court.
Mr Reza said the application for a Greek interpreter by Katsimberis was something that Mrs Guwuriro cannot deal with as she dismissed the first one.
“The accused made the same application last year and it was dismissed, if they want to make another one they should approach the High Court,” said Mr Reza.
He said the court was now functus officio as it dealt with such an application before and dismissed it.
Mrs Guwuriro recently dismissed an application by George Katsimberis who wanted her recused from presiding over his fraud trial.
In his application, Katsimberis argued that the magistrate forced him to proceed to trial without the lawyer of his choice.
He also alleged that the magistrate was biased and hostile towards him as it kept dismissing his applications.
In her ruling, Mrs Guwuriro said if the court is in a hurry to dispose of a matter that cannot be considered as biased.
She said the dismissal of applications by the court is a question of law and therefore not a biased move.
“The fact that Mrs Moyo is suing the court for defamation will not affect a fair trial as the accused has many lawyers at his disposal,” she said.
She said there was no nexus between her lawsuit and the fraud case.
Mrs Guwuriro further ruled that nothing had been placed to justify her recusal before dismissing the application.
Katsimberis lawyer advocate Tinomudaishe Chinyoka stood up and told the court that he was seeking to make an application for review of this ruling at the High Court.
Herald
