dyton mupawaenda
Prosper Dembedza-Herald Correspondent
Deputy Prosecutor-General Mr Micheal Reza has opposed an application by Tendai Biti for discharge at the close of the State’s case on his assault charges, arguing that the State has established that a case exists and thus Biti should be put to his defence.
The politician and lawyer is facing charges of assaulting businesswoman and investor Mrs Tatiana Aleshina at the Harare Magistrates Court.
Biti, through his lawyer, applied for discharge at the close of the State case, arguing that the charge was defective.
Mr Reza submitted that the State managed to prove a prima facie case against Biti.
He said the section under which Biti had been charged required evidence showing he had threatened in any manner to assault Mrs Aleshina or that she had grounds to believe that there was a possibility of an immediate physical assault .
“Three of the four state witnesses testified that, indeed, is what was about to happen,” said Mr Reza.
“The accused was in a no-nonsense mood as he advanced towards the complainant.”
Mr Reza further submitted that Biti first labelled Mrs Aleshina as a “stupid stupid idiot”.
“There is medical evidence both oral and documentary, which shows that the complainant was convinced beyond a shadow of doubt that she was about to be beaten up,” he said.
He said the defence admitted that there were many other people who were shocked by Biti’s behaviour.
“They admit that the complainant testified that she was approached by at least two people who expressed shock at what the accused had done and one such person advised the complainant to go to the police,” said Mr Reza.
He said the doctor’s medical notes admitted as an exhibit showed that Mrs Aleshina was very stressed and felt dizzy and had almost fainted.
“It was not only the complainant who felt that she was in immediate danger,” said Mr Reza.
“Michael van Blerk and Givemore Kasekete, who both testified, corroborated the complainant’s evidence that there was every indication that the accused was going to beat up the complainant right there and then.”
Mr Reza further submitted that Mr van Blerk testified that he had to step in between the advancing Biti and Mrs Aleshina who was completely immobilised by fear.
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