Biti’s trial will continue next week

the herald

Prosper Dembedza

Herald’s Correspondent

The assault trial against Tendai Biti will continue on September 8 after being postponed yesterday by Harare Magistrate Ms Vongai Muchuchuti.

Over the past two months, Biti has repeated what he said in his request to have his case referred to the Supreme Court.

He is accused of abusing a Zimbabwean investor, Ms Tatiana Aleshina, in the Harare Magistrate’s Court.

On Monday, Biti told the court he was surprised why his case had been transferred from the provincial court to the regional court.

“I was shocked by three things, my case was taken from the provincial court to the regional court on unclear grounds,” he said.

He said his case was taken from Court 3 to the anti-corruption court also under unclear circumstances.

“I was also shocked that my case was taken out of court 3 to be handled by a high ranking magistrate, Mr. Micheal Reza, who is the national deputy,” Biti said.

Magistrate Mrs. Vongai Muchuchuti recently dismissed Biti’s third request for denial on the grounds that it was unfounded.

Last week, Biti saw her third challenge to Ms Muchuchuti dismissed for lack of merit.

During the previous session, Mr. Reza also informed the court that Biti’s request to disqualify the magistrate was not procedural and without merit.

Mr. Reza explained to Biti during cross-examination that he dropped his request to refer the case to the Constitutional Court after the court ruled that his case would be heard daily to ensure progress.

In his response, Biti alleged that the court’s decision affected his constitutional rights and that he did not want anyone to take away his constitutional rights.

Mr. Reza further informed Biti that if he had any reservations about the court’s decision, he should have appealed to the higher courts rather than seeking the magistrate’s recusal.

However, Biti insisted he wanted Ms Muchuchuti to recuse herself, further alleging that they are protagonists, a position which was rejected in yesterday’s decision.

In her decision to hear the case on a daily basis, Ms. Muchuchuti pointed out that Biti’s request to refer the case to the Supreme Court began on May 27 and to date, the request has not yet been heard. completed.

She said she had to settle this matter within a reasonable time, hence the

adoption of interventions where the case will be heard daily with immediate effect.

The magistrate further reiterated that the defendant should be reminded that he was the defendant in this case and should be given priority over other cases.

“With the pace at which we are handling this case, this means that the defendant will need an additional two months to complete his application,” Ms Muchuchuti said.

Elna M. Lemons