The Herald (Zimbabwe)

Biti’s assault trial finally comes to an end

- Prosper Dembedza Herald Correspond­ent ◆ Full story: www.herald.co.zw

TENDAI Biti’s four-year-long assault trial has finally come to an end with Harare magistrate Mrs Vongai Guwuriro expected to deliver judgement on February 15.

This came after Biti completed his defence case. Biti is facing charges of assaulting businesswo­man and investor Mrs Tatiana Aleshina at the Harare Magistrate­s Court in 2020.

It took 4 years for this trial to come to finality due to applicatio­ns for postponeme­nts, one after the other at the instigatio­n of the defence.

Biti is denying assaulting the complainan­t, saying he had never assaulted his own child.

He argued that there were many versions of what really transpired on the day in question.

He also said on that day he was carrying books and holding a briefcase.

Deputy prosecutor general Mr Michael Reza is on record saying Biti had the motive and opportunit­y to assault the complainan­t.

He said Biti hates Mrs Aleshina because he knows that her company’s land papers are above board.

During cross-examinatio­n, the deputy prosecutor general also put it to Biti that as a result of Mrs Aleshina’s companies Zimbabwe is now a preferred destinatio­n.

He also said that Biti’s clients have lost all superior court cases which they had against Mrs Aleshina’s companies.

Messrs Tafara Chirambira who was representi­ng the State with Mr Reza said the trial had taken so many years as a result of applicatio­ns for postponeme­nts.

In his testimony Mr Biti indicated that the Codificati­on and Reform Act had done away with the charge of assault by this gesture he should be acquitted.

He, however, failed to explain how he wanted the court to arrive at such a decision when Mr Chirambira highlighte­d to him that section 89(1)(b) of the Codificati­on and Reform Act criminalis­ed threatenin­g whether by words or gestures, to assault another person, intending to inspire, or realising that there is a real risk or possibilit­y of inspiring, in the mind of the person threatened a reasonable fear or belief that force will immediatel­y be used against him or her.

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