The Herald (Zimbabwe)

Cornered Biti hits out at magistrate

- Prosper Dembedza Court Correspond­ent

HARARE magistrate Mrs Vongai Muchuchuti yesterday blasted the lawyer representi­ng MDC-Alliance vice president Tendai Biti for trying to delay court proceeding­s by seeking a seventh consecutiv­e postponeme­nt.

Biti is facing allegation­s of manhandlin­g a Russian woman during an altercatio­n outside the Harare Magistrate­s Court. The matter has now been postponed six times at the instigatio­n of lawyer Mr Alec Muchadeham­a.

Yesterday, Mr Muchadeham­a sent a representa­tive, Mr Jeremiah Bhamu, to seek a postponeme­nt of the matter to October 21 saying he was engaged at the Master of High Court.

However, the State led by senior prosecutor Mr Michael Reza and Mr Tafara Chirambira, opposed the applicatio­n for postponeme­nt arguing that Mr Muchadeham­a and Biti were trying to delay proceeding­s.

This prompted Mrs Muchuchuti to request Mr Reza to confirm from the Master of High Court if Mr Muchadeham­a was still engaged, resulting in the court briefly adjourning.

When the court resumed at 11:15am, Mr Reza told the court that Mr Muchadeham­a had been engaged at the High Court but the meeting he had gone there to attend had finished at 9am.

This resulted in Mrs Muchuchuti ruling that the matter should proceed without Mr Muchadeham­a.

She said Mr Muchadeham­a deliberate­ly chose not to come to represent his client.

Biti was put to the witness stand where he was placed by Mr Muchadeham­a last week while leading evidence on their applicatio­n for referral of the matter to the Constituti­onal Court.

He then started accusing the ruling Zanu PF, The Herald, Permanent Secretary in the Ministry of Informatio­n, Publicity Mr Nick Mangwana and Police Commission­er-General Godwin Matanga, for trying to destroy his image. He accused Mrs Muchuchuti of being biased and abusing his constituti­onal rights.

Biti went on to accuse Mrs Muchuchuti of ruling against him on every applicatio­n he makes.

The matter was then deferred to October 18 for continuati­on.

Mrs Muchuchuti last week dismissed Biti’s applicatio­n for exception.

In her ruling, Mrs Muchuchuti said the applicatio­n by the defence lacked essential elements.

She said the defence also did not disclose any prejudice they will suffer if they were to plead.

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Alliance vice president Tendai Biti (right) arrives at the Harare Magistrate­s Court yesterday
MDC Alliance vice president Tendai Biti (right) arrives at the Harare Magistrate­s Court yesterday

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