A HARARE magistrate yesterday dismissed an application for exception filed by MDC Alliance vice-president Tendai Biti who is accused of assaulting a Russian woman in November last year outside the Harare Magistrates’ Court.
Biti, who was represented by Alec Muchadehama, appeared before magistrate Vongai Muchuchuti-Guvuriro.
Biti had argued that shouting was not an offence when he submitted his application for exception in the matter in which Simbarashe Kadye and Michael van Blerkm are complainants.
But the State, represented by Michael Reza, opposed the application, saying after the assault, the complainant, Tatiana Aleshina suffered physical and emotional.
In her ruling, Muchuchuti-Guvuriro said the defence had failed to say anything on the prejudice suffered by the complainant when she was insulted.
She further ruled that the State papers clearly showed that Biti committed an offence.
The magistrate further ruled that the argument on the facts will be cured by a trial which Biti would go through.
Reza then asked for the reading of the charges against Biti, but Muchadehama filed a notice to apply for the magistrate’s ruling to be reviewed by the High Court. He also gave notice to apply for the matter’s referral to the Constitutional Court (ConCourt).
However, Reza insisted that the trial should start immediately since the application for exception had been dismissed, accusing Biti of delaying trial.
Muchadehama then made another application for referral to ConCourt, saying the decision to stop Biti from filing for review violated his constitutional right.
Biti took to the witness stand to motivate his application for referral to ConCourt.
The matter was then postponed to October 13 for continuation.