admin
Prosper Dembedza Herald Correspondent
In a bid to expedite the assault trial of Tendai Biti which is now approaching its fourth year, Harare Magistrate Mrs Vongai Guwuriro has put it on a 4 days continuous roll.
The magistrate ruled that the trial should run on a continuous roll from November 21 to 24.
Biti yesterday had his third application for referral to the Constitutional Court dismissed.
The politician had his two previous applications of the same nature dismissed by the same magistrate.
Biti is facing charges of assaulting businesswoman and investor Mrs Tatiana Aleshina at the Harare Magistrate Court in 2020.
In dismissing the application, the magistrate said it must be understood that he is making this application for the third time.
She said Biti is raising the same issues which he raised before.
“The court will not allow him to make another application for the third time.
“The court needs to expedite matters for the interest of justice,” said the magistrate.
Mrs Guwuriro said she needs to expedite this case otherwise it will be heard forever.
Biti who is submitting his defence had raised constitutional questions.
He was arguing that his constitutional rights were being infringed.
Deputy Prosecutor General Mr Michael Reza responded by saying Biti’s application was a classic example of frivolous and vexatious.
“He made such applications before and they were dismissed.
“I don’t know whether to cry or laugh, this application ought to be dismissed,” said Mr Reza
Mr Reza said the court was now functus officio.
During the previous sitting, the lawyer insisted that he did not physically assault Mrs Aleshina.
The trial is now in its third year with the matter going at a snail’s pace due to postponements at the instigation of the defence.
Submitting his defence, Biti told the court that putting the charge on him as done by the State is invalid from a common law point of view.
He said it was an infringement of his constitutional rights.
Online Reporter