Biti dumps ConCourt referral, seeks magistrate’s recusal

MDC Alliance vicepresident Tendai Biti was yesterday forced to file two applications before a Harare magistrate who blamed him for delaying trial on a matter where he is accused of assaulting a Russian national Tatiana Aleshina.

Yesterday, Biti accused magistrate Vongai Muchuchuti-Guvuriro of colluding with the State to violate his rights.

Biti had to abandon his application for referral to the Constitutional Court (ConCourt) midway and file another application for recusal of the magistrate.

He said the magistrate had ruled that he was now unrepresented in court despite a letter by his lawyer, Alec Muchadehama who had engaged the High Court.

The State represented by Tafara Chirambira did not respond to the application after taking instructions from the complainant. The matter was remanded to Thursday.

Biti is being accused of delaying his trial with the hope that the complainant would give up.

Prosecutor Michael Reza had alleged that Biti sought more than seven postponements since initial remand in December last year and that the matter had not moved to trial despite several remands.

Reza said Biti was playing games with the court as he has been applying for postponement of the case each time he appeared in court, adding that it was close to a year now.

Since last week, Biti has been submitting his testimony to the court and Reza said it was not desirable for him to be on the witness stand for too long.

The State is saying Biti applied for referral of his application to the Constitutional Court and is now dumping that application in the middle of submissions and filing another application for recusal of the magistrate.

It accused Biti of playing delaying tactics to stall the trial.

Biti allegedly assaulted Aleshina, who is embroiled in a property wrangle with one of his clients.

He has denied the charge.