Biti files Con Court application in assault case

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By Staff Reporter

CITIZENS Coalition for Change (CCC) deputy leader Tendai Biti took to the witness stand Thursday to wind up his application for referral to the Constitutional Court of a case in which he is accused of criminal insult.

Biti is accused of verbally insulting Russian investor Tatiana Aleshina at the magistrate’s court two years ago.

The lawmaker has been orally submitting his application for the past weeks insisting that the case was not criminal.

He argues that presiding magistrate Vongai Muchuchuti cannot hear the case because she has turned down all of his requests against constitutional provisions.

Biti also asserts that there are people who have personal interests in the case and named Zanu PF official Patrick Chinamasa, information permanent secretary Nick Mangwana, The Herald, and deputy prosecutor General Michael Reza among others.

He also said he was surprised by the manner in which his case was being handled.

“I was shocked why my matter was taken away from Court 3 to be handled by a senior magistrate and Reza who is deputy prosecutor general,” he said.

Biti has made several applications before trying to stop trial.

This has been viewed as a delaying tactic by the State with Reza telling the court that a mere assault case should not take over two years.

At one time Biti sought recusal of magistrate Muchuchuti and Reza, complaining that they were biased.

The two challenged the application, arguing it lacked merit; their arguments were upheld by the High Court

Prosecution submitted that the case has been winding up yet Biti has put nothing before the courts to support his continuous complaints.

Reza is expected to cross examine Biti on September 15.