Biti loses again

ANOTHER bid by Tendai Biti to stop Harare magistrate Mrs Vongai Muchuchuti Guwuriro from presiding over his trial hit a brick wall for the second time, after she dismissed his application for her recusal.

Biti is facing charges of manhandling a Russian investor, Ms Tatiana Aleshina, at the Harare Magistrates Court.

Last week, Biti regurgitated his application for the recusal of Mrs Guwuriro from handling his matter citing bias and malice.

Biti made a similar application late last year but it was dismissed by the same magistrate, prompting him to appeal against her ruling at the High Court. The High Court judge Justice Tawanda Chitapi dismissed Biti’s appeal due to lack of substance, before ordering the trial to continue from the point reached.

In dismissing the latest application, Mrs Guwuriro said the mere possibility of bias must be proved in such applications. The court cannot be said to be biased because it has made a ruling which is not in favour of an accused person.

“The accused failed to show bias as required by the law. The accused wants this court’s recusal without legal basis, therefore his application is dismissed,” she said.

In his application on Monday, Biti said he had so far filed seven applications against Mrs Muchuchuti Guwuriro, meaning she was now his opponent.

Biti told the court that he now feels that he would not get a free and fair trial before Mrs Muchuchuti Guwuriro.

Prosecutor Mr Tafara Chirambira opposed the application saying it was baseless.

“Does it mean if a court makes a decision which is against an accused person it has become malice or biased?

“Justice does not mean that the litigant gets what they want. Recusal is not just there for the taking. Presiding officers had the right to sit and decide cases,” said Mr Chirambira.

He said all the issues raised by Biti in the latest application are just the same ones, which were dismissed by Justice Chitapi.

Nothing had been shown which speaks of bias. “Once we say a court becomes biased by making a ruling against an accused person then we are headed for disaster,” he said.