News / National
Biti corners magistrate, prosecutor
19 Oct 2021 at 20:51hrs | Views
TENDAI Biti, the MDC Vice President has accused Harare Magistrate Vongai Muchuchuti and Deputy Prosecutor Michael Reza of being biased after she forced him to stand in the dock without his lawyer.
He is facing charges of insulting a Russian woman Tatiana Aleshina.
Biti wants the charge dropped and the magistrate to recuse herself from the case and the prosecutor, Michael Reza.
In his application filed this week at the High Court, the opposition politician said Muchuchuti and Reza were not fit officials for the judicial offices they hold.
He also told the court the two officials had personal interests against him.
Biti is seeking a review of Muchuchuti's ruling of October 13 2021 in which she turned down his application for postponement of trial before ordering the case to proceed in the absence of his lawyer.
Biti said the magistrate's ruling was "grossly irregular."
He also said Muchuchuti had personal interests against him, adding that her decision and actions were actuated by malice and bias.
"Since then, Muchuchuti has shown consistent bias against myself. She has constantly refused any indulgence to my legal practitioners.
"Moreover, Reza is the Deputy Prosecutor General. He deputises Mr Kumbirai Hodzi. How does a Deputy PG prosecute a case of verbal abuse in a regional court?
"The atmosphere at court is a poisoned one. Both Muchuchuti and indeed Reza behave as if they are joint prosecutors. Both of them in my humble opinion have miserably failed to uphold their judicial duties as officers of this honorable court as is required by section 165 of the Constitution," he said.
The matter is yet to be heard.
He is facing charges of insulting a Russian woman Tatiana Aleshina.
Biti wants the charge dropped and the magistrate to recuse herself from the case and the prosecutor, Michael Reza.
In his application filed this week at the High Court, the opposition politician said Muchuchuti and Reza were not fit officials for the judicial offices they hold.
He also told the court the two officials had personal interests against him.
Biti is seeking a review of Muchuchuti's ruling of October 13 2021 in which she turned down his application for postponement of trial before ordering the case to proceed in the absence of his lawyer.
Biti said the magistrate's ruling was "grossly irregular."
He also said Muchuchuti had personal interests against him, adding that her decision and actions were actuated by malice and bias.
"Since then, Muchuchuti has shown consistent bias against myself. She has constantly refused any indulgence to my legal practitioners.
"Moreover, Reza is the Deputy Prosecutor General. He deputises Mr Kumbirai Hodzi. How does a Deputy PG prosecute a case of verbal abuse in a regional court?
"The atmosphere at court is a poisoned one. Both Muchuchuti and indeed Reza behave as if they are joint prosecutors. Both of them in my humble opinion have miserably failed to uphold their judicial duties as officers of this honorable court as is required by section 165 of the Constitution," he said.
The matter is yet to be heard.
Source - NewZimbabwe