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Prosper Dembedza Herald Correspondent
High Court judge, Justice Benjamin Chikowero, has dismissed an urgent chamber application filed by lawyer Tendai Biti, seeking to stall proceedings in his assault case at the Harare Magistrates Court.
Biti is facing charges of verbally assaulting and threatening businesswoman and investor, Mrs Tatiana Aleshina, at the Harare Magistrates Court in 2020.
His lawyer Mr Alec Muchadehama had filed an urgent chamber application before Justice Chikowero seeking to stop the Harare Magistrates Court trial pending the determination of an application for review of the dismissal by magistrate Mrs Vongai Guwuriro by of Biti’s application for discharge when put to his defence.
The Harare Magistrates Court had dismissed Biti’s application for discharge saying he needed to respond to some of the issues raised during the testimonies by State witnesses and so should present his defence.
But he was not satisfied by the ruling and filed for stay of proceedings before Mrs Guwuriro pending review, but to no avail.
He then filed at the High Court the urgent chamber application to stop the Harare Magistrates Court’s decisions to put him to his defence while filing yet another application at the High Court for a review of Mrs Guwuriro’s decision, the one which dismissed his application for discharge.
However, Justice Chikowero dismissed the urgent chamber application saying the High Court cannot interfere with some undetermined proceedings in a lower court.
It has to wait until the proceedings are over in the lower court and then, if it agrees, it can review these or hear an appeal.
The judge urged Biti to continue his defence, which had already gone halfway.
Bongani Ndlovu
Online Reporter