NewsDay (Zimbabwe)

Biti assault case postponed to next week

- BY DESMOND CHINGARAND­E ● Follow Desmond on Twitter @DChingaran­de1

THE State has challenged Tendai Biti’s seventh applicatio­n for postponeme­nt of trial in a case the MDC Alliance vice-president is accused of assaulting a Russian national, Tatiana Aleshina at the Harare Magistrate Court.

Biti had sought to postpone the matter, saying his lawyer was engaged at the High Court.

The State, represente­d by Michael Reza and Tafara Chirambira, opposed the postponeme­nt, saying it was a delaying tactic.

Reza phoned the Master of the High Court at around 11am for confirmati­on and was told that there was a meeting with Biti’s lawyer Alec Muchadeham­a, but it ended around 9am.

He argued that the trial should proceed, accusing Muchadeham­a of opting to do other chores and not attending court.

Biti, who was being represente­d in court by Jeremiah Bhamu, told court that Muchadeham­a will be free on November 8, 9,10 and asked the court for postponeme­nt. Reza, however, told the court that Biti is now playing games with the court.

“We have not been given the chance to complete this simple case of assault because of postponeme­nt. This will be a record in this country to fail to complete this case in a year’s time,” Reza said, adding that Biti could be represente­d by Bhamu since he is a capable lawyer to which Bhamu replied that he was not privy to the applicatio­n.

Magistrate Vongai Muchuchuti-Guvuriro dismissed the applicatio­n for postponeme­nt and ordered the trial to proceed.

Bhamu later recused himself saying he could not represent the accused person when his constituti­onal rights are being violated.

Biti, however, took to the witness stand and requested that his matter be referred to the Constituti­onal Court.

The matter was postponed to October 18 for continuati­on.

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