Judge judges herself fair

By Lance Guma
12 September 2005

On Monday Justice Susan Mavangira refused to step down from hearing the case involving former finance minister Dr Christopher Kuruneri. This is despite defence lawyers calling on her to do so. Dr Kuruneri is facing charges of breaking foreign exchange laws. His lawyer Jonathan Samkange last week accused the judge of bias and even pointed to five instances which he said clearly demonstrated this.

The judge is accused of denying Kuruneri bail under dubious circumstances and even taking the role of the prosecution by amending the major charge against him. She has also in the past refused to adjourn the case, even when Samkange was not available to defend his client.

Justice Mavangira however would have none of it. She said no reasons that were raised constituted valid grounds to indicate bias. Kuruneri never got the chance to inform his lawyer whether he intends to appeal the decision or not. The court was immediately adjourned to allow him to see a doctor.

Speculation is growing as to the motives for this drawn out trial, given that Dr Kuruneri he spent more than a year in custody and was only released in July after numerous bail applications. Observers say the charges remain vague and most prosecution witnesses, including Reserve Bank Governor Gideon Gono, have exonerated him.

Kuruneri has already been convicted on his own plea for using a foreign passport while still holding a Zimbabwean one. The worst he could get from that conviction is a fine. He is currently under house arrest, sparking views the punishment does not seem to fit the crime.