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Fidelis Munyoro-Chief Court Reporter

SUSPENDED Karoi magistrate Amanda Muridzo and her two accomplices’ bid to block their trial for allegedly taking a US$20 bribe has failed after the High Court ruled the trial should proceed with the trio placed on their defence. 

Muridzo is facing bribery charges along with David Mazowi and Shelter Kachirika a clerk at the same court.

 The trio approached the High Court on review after the trial magistrate threw out their application for discharge at the close of the State’s case. 

They argued that the trial magistrate Ms Bianca Makwande’s decision to place them on their defence was “so outrageous in its defiance of logic that no sensible court having applied its mind to the facts of the case would arrive at it”.

 But on review, Justice Tawanda Chitapi upheld the trial court’s decision finding that the trial magistrate properly accepted that the circumstantial facts established a prima facie case of bribery.

In their case, the trio would have to prove that the trial magistrate’s decision to dismiss their application for discharge was egregious and defied legal and moral standards to an extent that it could reasonably be inferred that the magistrate must have taken leave of her senses to come to such decision, but they failed to do so.

“The regional magistrate was correct to find that the State had established a prima facie case which required answers,” said Justice Chitapi. 

The prima facie case is sufficient to found a conviction on a charge.

 In his judgment, Justice Chitapi also concluded that the application for discharge at the court of lower rank was made to “test waters”, as the evidence against them raised a prima facie of bribery. 

“The application for discharge was therefore properly determined and there was no irregularity or misdirection committed by the first respondent (Makwande) in her judgment,” said Justice Chitapi. 

“No grave injustice was shown to be likely to result if the matter proceeds to the defence case.”

 This, according to the judge was a matter for the trio to explain the innocence of their transaction of exchanging money was justified.

Charges against the trio arose on August 27, 2018, when one Sinafi Chidoko, the former wife to Mazowi filed an application for maintenance order for her and two minor children of the union she had with Mazowi.

The claim was for payment of $250 monthly maintenance and the case was set down for hearing on September 11, 2018.

It was alleged that during the month, prior to trial, Mazowi and Kachirika acting in connivance hatched a plan to influence Muridzo to favorably determine the maintenance case in favour of Mazowi.

Kachirika allegedly approached Muridzo and sold the plan to which the latter allegedly agreed to. When the matter was heard on September 11, 2018, Muridzo granted the maintenance claim but reduced the amount to $50 from $250, which was sought.

However, on October 1 2018, Mazowi filed an application against his former wife and Muridzo again allegedly ruled in his favour.

The court also heard that on October 2, 2018, Mazowi had initiated an Ecocash transfer of $20 using his Ecocash into Kachirika’s number.

Kachirika then transferred all to Muridzo. It was alleged that the said amount was intended to be a reward to Muridzo for having favourably dealt with Mazowi’s cases.

An anonymous caller had tipped Mazowi’s ex-wife that money was exchanging hands among the magistrate and that she would never win a case against Mazowi.

The wife reported the matter and investigations followed unearthing that there was indeed a cash transaction between the trio.