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Prosper Dembedza
Herald Correspondent
THE assault trial of Tendai Biti failed to continue yesterday, with his lawyer Mr Alec Muchadehama saying the opposition legislator was not feeling well.
Biti is facing charges of manhandling a Zimbabwean investor, Mrs Tatiana Aleshina, at the Harare Magistrates Court.
On Monday, Biti through Mr Muchadehama, said he wanted the High Court to review the dismissal of his application for recusal of Harare magistrate Mrs Vongai Muchuchuti.
Mrs Muchuchuti last week dismissed Biti’s third application for her recusal on the grounds that it lacked merit.
The matter was deferred to August 29 for continuation of trial.
During the previous sitting, Deputy prosecutor Mr Micheal Reza informed the court that Biti’s application for recusal of the magistrate was not procedural, and lacked 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.
In response, Biti alleged that the ruling by the court affected his Constitutional rights, and did not want anyone to take away the rights.
Mr Reza further informed Biti that if he had any reservations with the court’s ruling, he should have appealed to the superior courts rather than applying for the magistrate’s recusal.
However, Biti insisted that he wanted Mrs Muchuchuti to recuse herself, further alleging that they were protagonists, a position that was dismissed by yesterday’s ruling.
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