Biti 'assault' victim nearly fainted

The assault case for Tendai Biti continued today with Deputy Prosecutor General Mr Micheal Reza leading evidence from the complainant and witness Mrs Tatiana Aleshina.

Biti is facing charges of assaulting Mrs Aleshina who is an investor at the Harare Magistrates Court.

Responding to a question from Mr Reza on how she felt during the attack, Mrs Aleshina told the court that she felt dizzy, shaky and nearly fainted.

She said: "I felt he would physically hit me."

She also said when she went to Trauma Centre to get treatment her shoulders were very painful.

Mr Reza asked Mrs Aleshina what went through her mind during the incident and she replied that she was traumatized and thought Biti was about attack her as he was very aggressive, shouting and pointing his right forefinger at her face.

During the previous sitting a visibly emotional Mrs Aleshina testified and narrated how she was assaulted by Biti in 2020.

Mrs Aleshina told the court that she froze when Biti charged towards her and felt he will physically attack her.

"As we were walking in the corridor l suddenly heard a noise and shouting behind my back."

Mrs Aleshina said and then she immediately stopped in shock only to see a huge giant person, Tendai Biti with a crowd of people charging towards her.

While evidence was led by Deputy Prosecutor General Mr Michael Reza, Aleshina said she had never came across that type of unruly behaviour in her all life.

She told the court that Biti was aggressive and pointing his finger at her face while shouting "you stupid stupid stupid idiot and was shaking his body in an aggressive and angry way".

"I did not understand what was going on and I asked him are you talking to me but he continued his aggressive behaviour shouting and pointing at my face. After that my colleague Michael Van Blerk then tried to protect me and stood in front of me, but someone said it's not right, it's dangerous here and you need to go," Mrs Aleshina told court.

Reza asked Mrs Aleshina to describe how she felt in that situation and she explained "I felt he would physically hit me. I believed at that moment I was in danger. I thought he could kill me. I was shaken and humiliated and disturbed."

Mrs Aleshina further said after the incident she felt confused and he wandered around the court for some minutes looking for an exit point.

"On my way out someone asked me why Biti was shouting at you and l couldn't answer that. Someone else then said Biti can't treat women like that you need to report him to police. I decided to go to the Russian Embassy and tell them what happened. They calmed me down and advised me to go to the police to report the matter.''

She said while at the police she discovered that her half body was numb and could not move, even her hand to sign. Then the police offered to assist her to go to Harare Hospital but she then instead ended up being taken to Borrowdale Trauma Centre where she got treatment and was not in a good condition, prompting them to put on a drip and admitted her..

The trial took place after long arguments with Biti's defence lawyer Mr Alec Muchadehama who wanted to file another application for referral to the Constitutional Court after the other one had been dismissed.

Magistrate Muchuchuti-Guwuriro had dismissed another application for her recusal by Biti saying this was a bid to delay the trial.

However, Biti refused to plead saying he did not want to be subjected to a trial of a charge which is defective.

He later presented his defence to the charge saying there was no distinction between the insults in the charge sheet or associated with assault.

When the magistrate asked him to plead he further said he could not plead or be subjected to the trial on provisions that are unconstitutional saying it violated his constitutional right.