Biti application: Ruling date set

Herald Correspondent

Ruling on Tendai Biti’s third application for recusal of magistrate Vongai Muchuchuti was deferred to August 17 after his lawyer told the court that he needed time to look at the State’s response. 

Biti, who is facing charges of manhandling a Zimbabwean investor Mrs Tatiana Aleshina at the Harare Magistrates’ Courts has been fighting to have the magistrate and deputy prosecutor General Mr Michael Reza recused from his case ever since the trial commenced claiming that they are biased. 

His latest application came after Mrs Muchuchuti ruled that Biti’s case must be heard on a daily basis after observing unnecessary delays. 

During the previous sitting, Mr Reza told the court that Biti’s application for recusal of the magistrate was unprocedural and lacks merit.

 Mr Reza put it to Biti during cross examination that he abandoned his application for referral of the matter to the Constitutional Court after the court ruled that his matter be heard on a daily basis to ensure progress.

Biti responded saying that ruling by the court affected his constitutional rights.

He said he does not want anyone to take away the rights he was given by the constitution.

Mr Reza also said if he was having problems with the court’s ruling he should have appealed to the superior courts rather than applying for the magistrate’s recusal.

Biti said he wanted Mrs Muchuchuti to recuse herself as they are “protagonists”.

In her ruling to hear the matter, on a daily basis Mrs Muchuchuti highlighted that Biti’s application for referral of the matter to the Apex Court started on May 27, and up to date, the application is yet to conclude. 

She said she needed to dispose of this matter within a reasonable timeframe, hence the  adoption of a strategy where the matter will be heard daily with immediate effect.

She further reiterated that the accused should be reminded that he is the accused in this matter and should give it priority over other matters.

“With the rate we are managing this case it means the accused will need another two months to finish his application,” she said.