Harare lawyer Advocate Tinomudaishe Chinyoka has reminded Prosecutor Michael Reza of his prosecutorial duties after the ‘arrogant prosecutor’ seemed to have gone out of way during land developer George Katsimberis’ trial.
Chinyoka had filed an application for Reza’s recusal instead of responding to the submissions he narrated that he had prosecuted various sets of criminals.
“This application does not come as a surprise to me, In fact I have prosecuted may drug pushers, thieves fraudsters and armed robbers and at the end of it or during the proceedings they always end up saying he must recuse himself because when I prosecute your worship, I don’t take prisoners. I have absolutely nothing to fear.
“I have not yet read this application but I am prepared to come and do a respond this afternoon. This has happened before just for the sake of the record your worship, I do confirm that I responded to a letter that was given to me by the Acting prosecutor general to respond and I responded correctly that the witness whom he is talking about had finished testifying. If I had written anything else I would be lying and your worship I consider I have many defects but lying is not one of them.
“If the accused person wanted to say oh he still a witness when he was not I would gladly say thanks but no thanks. The truth of the matter is he had finished and I said so in my letter however, I added and said if there are any other cases which I am not aware of please provide me with the CRBs and that was never done,” charged Reza
In his response, Chinyoka asked regional Magistrate Wongai Guwuriro to reprimand Reza of his responsibilities.
“My learned friend talks about prosecuting drug peddlers, fraudsters and thieves my client is none of those things. My learned friend says I don’t take prisoners I would ask the court to remind my learned friend his professional responsibilities. The job of a Prosecutor is to strive for Justice, what we do here is to determine those people who have broken the law so that they get punished but find those who are innocent and they go home.
“Not everybody who sits there is a criminal that is a decision only the Court makes not my learned friend. His professional responsibilities are to ensure that the best possible case the State can make is to put forward for a decision to be made, this language of I take no prisoners is not consistent with his duties and his responsibilities.
“I will be here to listen to his reply, unlike him I will not be able to respond because I like to prepare before I perjure myself in proceedings like my learned friend has just done where refers to I was not aware when he forgets that we argued in the High Court the four cases so he knows they exist he has the CRB numbers of all of them because they are on those pleadings where he argued in those cases, to avoid lying I will come here and I will not respond because I need to prepare.” Chinyoka said
