News / Local
Biti moves to derail assault trial
06 Apr 2023 at 06:44hrs | Views
FORMER Finance minister Tendai Biti yesterday filed an urgent chamber application to stop his trial in a case where he is accused of verbally assaulting local businesswoman, Tatiana Aleshina.
In his application, Biti wants the matter postponed pending determination of his application for review of a ruling on his request to have his case referred to the Constitutional Court.
Biti cited presiding magistrate Vongai Muchuchuti-Guwuriro and prosecutor Michael Reza as respondents.
The opposition legislator said he was not happy with Muchuchuti-Guwuriro's ruling dismissing his application to have his matter referred to the Constitutional Court.
"The court's decision to proceed with the trial notwithstanding my notice to request a referral of the matter to the Constitutional Court was grossly irregular and violated my constitutional rights to the protection and benefit of the law," Biti submitted.
"The court also held that it was now functus officio without hearing what I intended to say. Further the request that I intended to make is related to issues I had not raised."
Muchuchuti-Guwuriro had dismissed his application before trial commenced.
Biti submitted that the magistrate's rulings were motivated by malice.
The opposition legislator wants the court to start the trial afresh before a different magistrate.
Reza opposed Biti's application.
"He has submitted this latest one in a clear case of abuse of court processes. In view of the foregoing, this application is not urgent at all. It has been heard and determined before by another court," Reza submitted.
Biti is accused of verbally assaulting Aleshina at the Harare Magistrates Courts in 2020. He has sought the recusal of the magistrate and Reza saying they were biased.
In his application, Biti wants the matter postponed pending determination of his application for review of a ruling on his request to have his case referred to the Constitutional Court.
Biti cited presiding magistrate Vongai Muchuchuti-Guwuriro and prosecutor Michael Reza as respondents.
The opposition legislator said he was not happy with Muchuchuti-Guwuriro's ruling dismissing his application to have his matter referred to the Constitutional Court.
"The court's decision to proceed with the trial notwithstanding my notice to request a referral of the matter to the Constitutional Court was grossly irregular and violated my constitutional rights to the protection and benefit of the law," Biti submitted.
"The court also held that it was now functus officio without hearing what I intended to say. Further the request that I intended to make is related to issues I had not raised."
Biti submitted that the magistrate's rulings were motivated by malice.
The opposition legislator wants the court to start the trial afresh before a different magistrate.
Reza opposed Biti's application.
"He has submitted this latest one in a clear case of abuse of court processes. In view of the foregoing, this application is not urgent at all. It has been heard and determined before by another court," Reza submitted.
Biti is accused of verbally assaulting Aleshina at the Harare Magistrates Courts in 2020. He has sought the recusal of the magistrate and Reza saying they were biased.
Source - Newsday Zimbabwe
