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Bulawayo High Court

Jefat Chaganda v The State and 8 Others

HB 05/20

Case Details

Court
Bulawayo High Court
Date
14 January 2020
Citation
HB 05/20
Neutral Citation
[2020] ZWHB 05
Outcome
unknown
Case Type
Application

Bench

Presiding
Mabhikwa J
Full Bench
Mabhikwa J
Areas of Law
Criminal procedureJudicial ethicsRecusal
Keywords
recusaljudicial biasreasonable apprehensionobjective testcriminal trial
Tags
recusaljudicial biascriminal trialdischarge application
legislation
Statutes Cited
  • Criminal Procedure and Evidence Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicant has shown bias or reasonable possibility of bias against him by the presiding judge","issue_type":"procedural","dispositive":"yes","related_facts":"Comments made in discharge ruling, timing of recusal application"}
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background
Facts of the Case

Background

The second accused in a criminal trial applied for the recusal of the presiding judge, alleging that comments made in a previous ruling dismissing the accused's application for discharge at the close of the State case created a reasonable apprehension of bias against him.
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