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Prosper Dembedza Herald Correspondent
A Harare court will tomorrow deliver a ruling in Tendai Biti’s application for discharge at the close of the State’s case.
The politician is facing charges of assaulting businesswoman and investor Mrs Tatiana Aleshina at the Harare Magistrates Court.
Biti, through his lawyer Mr Alec Muchadehama, filed for discharge at the close of the State’s case arguing that the charge is defective.
However, Deputy Prosecutor General Mr Michael Reza opposed the application saying Biti should be put to his defence.
Mr Reza submitted that the State proved a prima facie case against Biti.
He said the section under which the accused has been charged requires that there be evidence showing that the accused person threatened in any manner to assault the complainant or realising that a possibility of immediate physical assault was about to take place.
“Three of the four State witnesses testified that indeed is what was about to happen. The accused was in a no-nonsense mood as he advanced towards the complainant,” said Mr Reza.
He further submitted that Biti preceded his action by labelling the complainant 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.
Mr Reza said the State contends that it has established a prima facie case of assault against the accused and that he should be put to his defence.
He also said the defence admitted that there were many other people who were shocked by Mr 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.
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