News / National
Biti seeks trial delay
01 Oct 2021 at 07:53hrs | Views
The lawyer representing two Harare men who allegedly erected an illegal billboard in Borrowdale, Mr Tendai Biti, has for the second time sought a trial delay by asking for more State papers.
Mr Biti, who is representing Grant Russel and Mark Strathern on criminal nuisance charges, yesterday requested further particulars and State papers which he previously demanded, but failed to collect.
He requested for State papers and further particulars saying he wanted to prepare his defence.
However, prosecutor Mrs Shambadzeni Fungura told the court that Mr Biti had made an application for exception of the charges which could not be made by one without State papers.
She said it was not making sense for the defence to request for further particulars and State papers when they already made an application for exception meaning they knew the charges they were facing.
Harare magistrate Mr Shane Kubonera requested Mrs Fungura to furnish the defence with further particulars before postponing the matter to October 8.
Russel and Strathern were last week issued with warrants of arrest for defaulting court proceedings.
Mrs Fungura told the court that it was now a tactic being used by the accused persons and their lawyer Mr Biti to evade or delay trial.
She added that this was not the first time for the accused persons to be issued with arrest warrants on this issue.
Russell and Strathern later appeared in court and applied for the cancellation of their warrants of arrest.
The court heard that on December 10, 2020 near Celebration Centre in Borrowdale, the accused persons erected a billboard with damaging information on real estate company, West Properties, in a bid to tarnish its image.
It is the State's case that Russell and Strathern caused false alarm to the public through the information which was written on the billboard.
The court heard that the billboard erected by the two had contents which were likely to interfere with the complainant's clients.
The complainant made a report to police leading to the pair's arrest.
Mr Biti, who is representing Grant Russel and Mark Strathern on criminal nuisance charges, yesterday requested further particulars and State papers which he previously demanded, but failed to collect.
He requested for State papers and further particulars saying he wanted to prepare his defence.
However, prosecutor Mrs Shambadzeni Fungura told the court that Mr Biti had made an application for exception of the charges which could not be made by one without State papers.
She said it was not making sense for the defence to request for further particulars and State papers when they already made an application for exception meaning they knew the charges they were facing.
Harare magistrate Mr Shane Kubonera requested Mrs Fungura to furnish the defence with further particulars before postponing the matter to October 8.
Russel and Strathern were last week issued with warrants of arrest for defaulting court proceedings.
Mrs Fungura told the court that it was now a tactic being used by the accused persons and their lawyer Mr Biti to evade or delay trial.
She added that this was not the first time for the accused persons to be issued with arrest warrants on this issue.
Russell and Strathern later appeared in court and applied for the cancellation of their warrants of arrest.
The court heard that on December 10, 2020 near Celebration Centre in Borrowdale, the accused persons erected a billboard with damaging information on real estate company, West Properties, in a bid to tarnish its image.
It is the State's case that Russell and Strathern caused false alarm to the public through the information which was written on the billboard.
The court heard that the billboard erected by the two had contents which were likely to interfere with the complainant's clients.
The complainant made a report to police leading to the pair's arrest.
Source - the herald
