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Herald Correspondent
The assault trial for Tendai Biti continued yesterday with him carrying on with his application for the matter to be referred to the Apex Court.
Biti is facing charges of manhandling a Zimbabwean investor Mrs Tatiana Aleshina at the Harare Magistrates Court.
“I was shocked about three things, my matter was taken from the provincial court to the regional court under unclear grounds,” he said.
Biti said his matter was taken from Court 3 to the anti-corruption court also under unclear circumstances.
“I was also shocked why my matter was taken away from Court 3 to be handled by a senior magistrate, Mr Micheal Reza who is the national deputy,” said Biti.
The matter was deferred to Wednesday for continuation.
Magistrate Mrs Vongai Muchuchuti recently dismissed Biti’s third application for her refusal on the grounds that it lacked merit. Biti last week had his third application for recusal of Mrs Muchuchuti dismissed due to lack of merit.
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 as she mapped the way forward.
Online Reporter