News / National
Biti's assault trial finally comes to an end
22 Jan 2024 at 04:46hrs | Views
Tendai Biti's four-year-long assault trial has finally come to an end with Harare magistrate Mrs Vongai Guwuriro expected to deliver judgement on February 15.
This came after Biti completed his defence case. Biti is facing charges of assaulting businesswoman and investor Mrs Tatiana Aleshina at the Harare Magistrates Court in 2020.
It took 4 years for this trial to come to finality due to applications for postponements, one after the other at the instigation of the defence.
Biti is denying assaulting the complainant, saying he had never assaulted his own child.
He argued that there were many versions of what really transpired on the day in question.
He also said on that day he was carrying books and holding a briefcase.
Deputy prosecutor general Mr Michael Reza is on record saying Biti had the motive and opportunity to assault the complainant.
He said Biti hates Mrs Aleshina because he knows that her company's land papers are above board.
During cross-examination, the deputy prosecutor general also put it to Biti that as a result of Mrs Aleshina's companies Zimbabwe is now a preferred destination.
He also said that Biti's clients have lost all superior court cases which they had against Mrs Aleshina's companies.
Messrs Tafara Chirambira who was representing the State with Mr Reza said the trial had taken so many years as a result of applications for postponements.
In his testimony Mr Biti indicated that the Codification and Reform Act had done away with the charge of assault by this gesture 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 that section 89(1)(b) of the Codification and Reform Act criminalised 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, Mr 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, the former CCC lawmaker was evasive and even when pressed refused to give a straight answer.
This came after Biti completed his defence case. Biti is facing charges of assaulting businesswoman and investor Mrs Tatiana Aleshina at the Harare Magistrates Court in 2020.
It took 4 years for this trial to come to finality due to applications for postponements, one after the other at the instigation of the defence.
Biti is denying assaulting the complainant, saying he had never assaulted his own child.
He argued that there were many versions of what really transpired on the day in question.
He also said on that day he was carrying books and holding a briefcase.
Deputy prosecutor general Mr Michael Reza is on record saying Biti had the motive and opportunity to assault the complainant.
During cross-examination, the deputy prosecutor general also put it to Biti that as a result of Mrs Aleshina's companies Zimbabwe is now a preferred destination.
He also said that Biti's clients have lost all superior court cases which they had against Mrs Aleshina's companies.
Messrs Tafara Chirambira who was representing the State with Mr Reza said the trial had taken so many years as a result of applications for postponements.
In his testimony Mr Biti indicated that the Codification and Reform Act had done away with the charge of assault by this gesture 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 that section 89(1)(b) of the Codification and Reform Act criminalised 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, Mr 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, the former CCC lawmaker was evasive and even when pressed refused to give a straight answer.
Source - The Herald
