Mtetwa is facing charges of trying to block police from conducting searches at the house of MDC-T official Thabani Mpofu after arguing that the police search warrant was illegal.
Mtetwa’s lawyer, Harrison Nkomo, told the media outside the magistrate’s court that the defence made the request for recusal on two grounds.
“The first ground is that when we appeared last time on 27 May 2013 the magistrate made remarks which denigrate the integrity of my client and labelled her a liar and that is extremely prejudicial because if you are going to appear before a court and someone has already labelled you a liar it has got a serious dent on your credibility,” Nkomo said.
However the magistrate did not agree with the defence on that issue.
“The second ground upon which we made the application for the magistrate to recuse himself is that the defence witness, Thabani Mpofu, the one Ms Mtetwa had gone to rescue the day she was arrested, is facing a criminal charge before the same magistrate so he has to give a blow by blow account of what transpired on the day in question which evidence makes mention of Ms Mtetwa substantially.
“That of course is prejudicial because the magistrate would have known what is to come before him before he even tried her so we asked him to recuse himself on that basis and he agreed with us so the matter cannot proceed today,” Nkomo said.
He said his client would appear before the court on Monday before a different magistrate for the commencement of the trial.
Mpofu together with three other officials from the Prime Minister’s office, Felix Matsinde, Warship Dumba and Mehluli Tshuma are facing charges of violating the Official Secrets Act.
The state is led by Tawanda Zvekare.
Post published in: News