Court dismisses Biti application

Source: Court dismisses Biti application | Herald (Crime)

Prosper Dembedza Court Correspondent

An application for exception filed by MDC vice president Tendai Biti, who is representing two men who are said to have illegally erected a defamatory billboard in Borrowdale, was dismissed yesterday.

Biti is representing Grant Russell and Mark Strathen who are facing criminal nuisance charges.

In the application for exception, Biti argued that the facts in the State outline did not disclose an offence.

Harare magistrate Mr Shane Kubonera dismissed the application saying it was fraught with triable issues.

Soon after his application was dismissed Biti stood up and told the court that the State must not proceed to trial before furnishing his clients with further particulars.

Responding to Biti’s request, prosecutor Mrs Shambadzeni Fungura told the court that it was now the third time Biti was making the same application.

She said she had already furnished Biti with the further particulars he continued requesting for.

“He once sent his messenger and I furnished him with the further particulars. He again sent Themba Chaza to collect the particulars and I gave him before he appended his signature,” she said.

Mrs Fungura further submitted that she had  photocopies of the further particulars which she gave to the defence.

Mr Kubonera deferred the matter to November 2.

The court heard that in the afternoon of December 10, 2020, the accused persons erected a billboard opposite Celebration Centre in Borrowdale Harare, which had damaging information on West Properties.

This was allegedly in a bid to tarnish the real estate company’s image. It is alleged Russell and Strathen caused false alarm to the public through the information which was written on the billboard.

The court heard that the billboard erected by the two had contents which were likely to interfere with ordinary comfort or convenience of the complainant’s clients

West Properties made a report to police leading to the suspect’s arrest.