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Prosper Dembedza Herald Correspondent
Harare Provincial magistrate Mrs Vongai Guwuriro-Muchuchuti is expected to rule on the application for her recusal filed by opposition legislator, Tendai Biti, who accused her of bias.
Biti told Mrs Muchuchuti-Guwuriro that his rights were being violated and had all his court applications dismissed.
He said if he proceeds to trial with Mrs Muchuchuti-Guwuriro as the magistrate, he is guaranteed a conviction.
But under cross-examination from Deputy Prosecutor-General Mr Michael Reza, Biti admitted that he filed the application for recusal of the magistrate after she dismissed his application for referral to the Constitutional Court.
However, Mr Reza asked him what he was supposed to do after his application for referral had been dismissed, and Biti said he was supposed to approach the High Court for a review of the magistrate’s determination.
Mr Reza concurred, saying filing another application for recusal of the magistrate was wrong.
“Confirm you decided to make this application after the court has dismissed your application for ConCourt,” asked Mr Reza.
“Yes,” Biti replied.
“Very clearly, you were unhappy with the court’s ruling,” Mr Reza further asked.
And Biti replied: “It is the substance of the ruling and unconstitutional things in that ruling that l am not happy with.”
Mr Reza said Biti’s application for recusal was a repetition of what has been dismissed by the lower court and the High Court, saying it was a waste of the court’s time.
But Biti said there were some things that he had not submitted to court.
Mr Reza said the submissions he had made were a repetition of what was dismissed by the courts and the latest application was meant to delay trial.
He asked Biti if he wants to be tried by a court that will find him not guilty, to which Biti said he had been on trial in a case of treason, but what he is facing was different.
Biti said he wants the case to end for the sake of his wife and children.
Mrs Muchuchuti-Guwuriro is expected to deliver a ruling on her recusal.
Biti is accused of verbally assaulting a local businesswoman, Ms Tatiana Aleshina, at the Harare Magistrates Court in 2020.
Online Reporter