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Prosper Dembedza Herald Correspondent
Another bid to delay trial by Tendai Biti yesterday hits a snag after his application for postponement of his assault trial was dismissed by Harare magistrate Mrs Vongai Muchuchuti.
Biti through his lawyer Mr Alec Muchadehama wants the High Court to review the dismissal of his application for refusal of Mrs Muchuchuti which she dismissed last week.
The magistrate last week dismissed Biti’s third application for her refusal on the grounds that it lacked merit.
Biti is facing charges of manhandling a Zimbabwean investor Mrs Tatiana Aleshina at the Harare Magistrates Court.
Through Mr Muchadehama Biti said he wanted the High Court to review the ruling which dismissed his application for Mrs Muchuchuti’s recusal before he continues with his application for referral of the matter to the Apex Court.
Deputy prosecutor Mr Micheal Reza opposed Biti’s application for postponement saying it lacked merit.
Mrs Muchuchuti concurred with Mr Reza and ordered Biti to proceed with his application for referral of the matter to the Apex Court.
During the previous sitting Mr Reza also 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 his response, Biti alleged that the ruling by the court affected his Constitutional rights, and he did not want anyone to take away the rights he was given by the constitution.
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 are protagonists, a position that was dismissed by today’s ruling.
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 needs to dispose of this matter within a reasonable timeframe, hence the adoption of interventions where the matter will be heard daily with immediate effect.
The Magistrate 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,” said Mrs Muchuchuti.
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