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Prosper Dembedza Herald Correspondent
Tendai Biti simply hates businesswoman Mrs Tatiana Aleshina, and knows that her company’s land papers are above board, the State has said.
This was revealed by deputy prosecutor general Mr Michael Reza while cross examining Biti in his defence case yesterday.
Biti is facing charges of assaulting businesswoman and investor Mrs Aleshina at the Harare Magistrates Courts sometime in 2020.
Mr Reza put it to Biti that he hates Mrs Aleshina because her companies are more successful than those of his client George Katsimberis.
Biti, however, responded by questioning the type of yardstick which Mr Reza was using to measure who is more successful than the other.
Biti went on to say that inasmuch as he knows, Katsimberis was more successful.
The deputy prosecutor-general further put it to Biti that as a result of Mrs Aleshina’s companies, Zimbabwe was now attracting more investment.
He also said that Biti’s clients have lost all superior court cases which they had against Mrs Aleshina’s companies.
Mr Reza went on to say Biti assaulted the complainant primarily because she is the face of WestProperties, but he denied assaulting her.
Messrs Tafara Chirambira who was representing the State with Mr Reza said the trial had took so many years as a result of applications for postponements at the instigation of the accused person.
In his defence, Biti indicated that the Codification and Reform Act had done away with the charge of assault by gesture and therefore he should be acquitted . He however failed to explain how he wanted the court to arrive at such a decision when Mr Chirambira highlighted to him the Section 89(1)(b) of the Codification and Reform Act, which criminalized threatening whether by words or gestures, to assault another person, intending to inspire, or realising that there is a real risk or possibility of inspiring, in the mind of the person threatened a reasonable fear or belief that force will immediately be used against him or her.
Mr Chirambira also questioned if after all his experience as a lawyer and lawmaker Biti was then urging the court to ignore Section 89(1)b as he argued that the definition of assault in Section 88 did not include threats. On this, Biti was evasive, and even when pressed, refused to give a straight answer.
During the previous sitting Mr Reza said Biti had the motive and opportunity to assault Mrs Aleshina at the Harare Magistrates Court in 2020.
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