Thursday, 8 January 2015

Star FM presenter DJ Munyaradzi Milimo - DJ Munya defies court rules

Tendai Rupapa Senior Court Reporter
There was drama in court yesterday when frustrated Star FM presenter DJ Munyaradzi Milimo, who is accused of murder, challenged the magistrate for ruling in favour of the State when he dismissed his fifth bid for freedom.

Milimo and his alleged accomplices, Taurai Jani and Mohammed Matare, are accused of kidnapping and murdering Tinashe Magorimbo through poisoning.

After the magistrate, Mr Milton Serima, had delivered his ruling, Milimo raised his hand to address the court, thereby undermining the presence of his lawyer, Mr Lucky Mauwa of Magomeza and Mazhindu Legal Practitioners, who was representing him.

According to the law, when a person is legally represented, he/she does not address the court directly, but through his lawyer.
DJ Munya
Mr Serima advised him that he should use the services of his lawyer in addressing the court.

However, Milimo insisted on addressing the court and proceeded to challenge the court’s ruling saying: “When we appeared before you in December, we applied for refusal of further remand and you said we would be released on the next remand date, which is today, if there was not going to be a trial date from the State.”

The magistrate was lenient with him and advised Milimo to speak through his lawyer, but he did not take heed of the advice as he continued to address the court.

“You actually told us that if the State failed to provide a trial date we would be removed from remand and not remanded further and there was no mention of a final notice,” he added.

In response, Mr Serima said: “I have already given a ruling in respect of that issue and your lawyer will explain to you further.”

Milimo’s alleged accomplice, Matare, also addressed the court in his personal capacity, although the magistrate had advised them that they should speak through their lawyer.

Matare, who looked annoyed by the magistrate’s ruling, requested for his passport back and Mr Serima, who was calm, told him that he should make a fresh application for that.

Their lawyer then interjected and told the court that he will make an application for relaxation of bail conditions at a later date. He then undertook to explain the ruling to his clients.

In his ruling, while dismissing the trio’s fifth application for refusal of further remand, Mr Serima said: “The State will be afforded a last chance to furnish the accused persons with their trial date.

“There has been a notice for refusal of further remand, which was served by the trio, but there have been some new developments by the State, which were presented by a way of written confirmation from the Prosecutor-General’s Office as well as a letter from the South African laboratories confirming the progress of the matter.”

He added: “The South African laboratories said they will no longer be able to proceed with the tests and the State has undertaken to pursue another avenue of using the local forensic laboratories and has requested for six weeks to do that.”

The prosecutor, Miss Sharon Mashavira, alleges that Magorimbo was murdered after failing to pay DJ Munya US$5 000 compensation for having an affair with his wife.

Magorimbo allegedly paid DJ Munya US$1 000 in February 2013 through Janhi and Matare in part payment of the US$5 000.

DJ Munya commissioned Janhi and Matare to “deal” with Magorimbo after he became evasive over the outstanding payment, the court heard. Herald
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