High Court Judge Dorothy Degabrielle has refused to recuse herself from hearing a case against business tycoon Dr Thomson Mpinganjira.
Judge Degabrielle made the ruling today at the High Court in the commercial capital Blantyre.
The Judge described Mpinganjira’s application as ill timed hence she will not recuse herself.
She said Mpinganjira indicated he was going to enter defence and must enter defence as planned.
Commenting on the screenshot purportedly from Degariele to Mpinganjira, she notes that the screenshot does not have other elements of a valid screenshot, including her phone number or a name, in case her number was saved.
She queries if a reasonable person looking at the whole issue would conclude likelihood of bias or that there is someone engineering to derail the case.
She also noted a mix up in the narrative of Mpinganjira’s affidavit, in which at one point he claims is assured of a suspended sentence and another point he is talking about an acquittal.
Justice Degabriele said every every step in the case is on record, can and must be investigated and also the allegations can and must be investigated.
She said the payment of the K200 million can and must be investigated as well.
