Biti judgment deferred

Prosper Dembedza-Herald Correspondent 

High Court judge Justice Rodgers Manyangadze has deferred to tomorrow, judgment in Tendai Biti’s application for his assault case to be referred to the Constitutional Court.

The CCC vice president is facing a charge of assaulting Russian businesswoman and investor Mrs Tatiana Aleshina at the Harare Magistrates Court sometime in 2020.

Biti unsuccessfully filed the application at the Magistrates Court for referral to the ConCourt and aggrieved by the dismissal of his application, he approached the High Court saying he had a high chance the application could be granted.

High Court judge Justice Rodgers Manyangadze on Wednesday heard the heads of argument of the State and the defence on the application for review and he set March 20 as his judgment day.

Earlier, Justice Manyangadze had dismissed Biti’s court application to stop the lower court proceedings to allow the determination of this review application.

The judge’s argument was that he would deliver the ruling on the application for a referral before the next remand date of trial at the lower court.

However, in the present application, Biti challenged magistrate Mrs Vongai Muchuchuti-Guwuriro’s determination that dismissed his application for referral to the ConCourt saying his application had the merit to be referred to the apex court.

Biti had said his trial would not be fair and had earlier had his application for recusal by the magistrate dismissed. He said the magistrate was biased in his case.

But the State, represented by Mr Michael Reza, opposed that application saying it was vexatious and frivolous.

The State also said the application was only aimed at delaying the proceedings that had taken two years without any progress.

Mr Reza said Biti had filed for the recusal of magistrates on more than three occasions and an application for referral to ConCourt on two occasions.

Mrs Muchuchuti-Guwuriro ruled that the trial should proceed.