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Yeukai Karengezeka, Court Correspondent

THE trial of five suspected hitmen, who were allegedly hired to assassinate Harare businessman Oliver Tendai Chipindu, failed to kick off again yesterday after the defence counsel made an application seeking recusal of the magistrate.

Moses Monde of Johannesburg, Malvin Manzinde, Malvin Tatenda Nyamuranga, Norbert Muponda and Joshua Mapuranga, who are based in Cape Town, appeared before regional magistrate Mr Stanford Mambanje charged with assault and conspiracy to commit kidnapping.

Defence lawyer Mr Moffat Makuvatsine told the court that his clients felt that in the interest of justice, the matter had to be handled by a different court.

“Application is for the matter to be referred back to Court 17 for trial. Reason is that it is this court that handled the initial appearance of accused persons where application for further replacement on remand was done and the court was compelled to make a decision.

“Subsequently, the same court handled another application we made before trial,” he said.

Mr Makuvatsine also said the accused persons did not understand why they had been transferred to this court.

Responding to the application, Mr Ephraim Zinyandu, who is appearing for the State, said the application lacked merit in terms of points of law.

He further submitted that it was the discretion of the court to determine where a trial could be entertained.

“We are alive to the fact of the right to a fair trial but that right should not only be viewed in the eyes of the defence counsel, but also any other interested parties,” said Mr Zinyandu.

Ruling on the application will be given today and trial is expected to start on August 19.

The State said the man who allegedly hired the accused persons, Obrian Obert Mapurisa, is still on the run. Mapurisa entered into an agreement with Chipindu to purchase Liquefied Petroleum gas tankers in Turkey.

Chipindu gave Mapurisa cash amounting to US$800 000 for the purchase of seven Liquefied Petroleum gas tankers and the cash was paid in varying sums on different dates.

In January, Chipindu made numerous efforts to obtain paperwork pertaining to the gas tanks he had paid for but Mapurisa became evasive.

The court heard that Chipindu then contacted Mimak Company in Turkey, which had been contracted to supply the gas tanks, and was advised that they had not yet been fully paid for.

Only a deposit of US$132 000 had been paid and Chipindu contacted Mapurisa, who confirmed that he had diverted the funds, but was going to pay for the tankers in full as planned.

Chipindu then demanded a refund of his money but Mapurisa again became evasive.

On February 28, Chipindu went to Turkey and tried to talk to Mimak Company so that he could get more time to pay for the tanks.

As a result of pressure from Chipindu, Mapurisa hatched a plan to eliminate him and hired the five hitmen who are all based in South Africa, for the hit.

He supplied them with Chipindu’s address and picture.

It is further alleged that on March 19, 2024, Chipindu and his friend lured the accused persons to Zimbabwe from South Africa and they met him at a lodge in Avondale, Harare.

They had a discussion with Chipindu on their mission to kidnap and harm him. The hitmen said they had been instructed to at least break his legs and collar bone.

The complainant made recordings using his mobile phone and later reported the matter to the police who arrested the hitmen.