By staff reporter Deputy Prosecutor-General Michael Reza yesterday told Citizens Coalition for Change vice president Tendai Biti who is accused of assaulting a Russian woman at Harare Magistrates court that he was facing a criminal charge which has nothing to do with politics.
This comes after Biti accused the court of getting instructions from his political opponents that include Zanu PF members Patrick Chinamasa, Nick Mangwana and others. He said all the decisions by the court are going to be made on what is said in court.
Biti said this in his application for referral to the Constitutional Court saying his rights were violated.
Reza in his response to the application said those who are being accused of commenting in this criminal court will not write any judgement but a judicial officer who is qualified to do that.
“l dont even know the nature of the application. The accused person has talked about his rights having been infringed. He complaimed about the conduct of the police when arrested, he was arrested in December 2020. He is a lawyer of 30 years experience and for him to say his right was infringed is bad,” Reza said.
He said his case has taken two years to go to trial and that on his initial remand he was asked if he had any complaints against the police but he failed to say any.
Reza said Biti has taken two years to file his complaints against the police which he viewed as a way to delay the completion of the matter.
“When initially appeared in court he was asked of the complaints by the police and cannot come to court after all these months later to say his rights were infringed and those points cannot be raised now. He has made two applications for the recusal of this court and both were found to be not competent and the High Court exonerated the lower court decision,” Reza said.
The prosecutor said Biti made two applications for his recusal but he was absolved by the High Court of being biased against him.
Biti had also complained of the complainant’s companies for the reason to apply for referral to the Concourt but Reza said the companies conduct has no effect to the matter since he is facing a criminal offence of assaulting Aleshina.
However Magistrate Vongai Muchuchuti-Guwuriro postponed the matter to Thursday for a full application of recusal of the presiding magistrate.
Biti is accused of verbally assaulting Aleshina at the Harare magistrates court where she had attended a court case involving her employer.