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Prosper Dembedza-Herald Correspondent

 CCC vice president Tendai Biti has filed an urgent chamber application to stay his trial on assault, pending determination of an application for review of the dismissal of another application for referral to the Constitutional Court by the lower court.

Biti is facing charges of assaulting businesswoman and investor Mrs Tatiana Aleshina at the Harare Magistrates Court in 2020.

In his latest application, Biti cited the presiding magistrate Mrs Vongai Muchuchuti-Guwuriro and prosecutor Mr Michael Reza as the first and second respondents.

Biti said the application was necessitated by the dismissal of his request for his matter to be referred to the Constitutional Court, holding that the court was now of no further official authority or legal effect.

He further stated that he was aggrieved, hence the application for review of the magistrate’s ruling.

Biti said the court wanted to carry on with criminal proceedings rather than wait for the determination of the High Court application.

“The court’s decision to proceed with the trial notwithstanding my notice to request a referral of the matter to the Constitutional Court, was grossly irregular and violated my constitutional rights to the protection and benefit of the law,” he said.

“The court also held that it was now functus officio without hearing what I intended to say. Further, the request that I intended to make related to issues I had not raised.” 

Biti further said the magistrate’s rulings were motivated by malice, adding that he needed to be protected from Mrs Guwuriro-Muchuchuti.

The opposition legislator wants the court to start the trial afresh before a different magistrate.

In opposing the application, Mr Reza said Biti did not attach the rulings that he was attacking for the court to peruse.

Mr Reza further said Biti submitted a similar application for stay of proceedings and the application was heard by Justice Rogers Manyangadze, who dismissed it.

The latest application by Biti, said Mr Reza, was a clear case of abuse of court processes.

“In view of the foregoing, this application is not urgent at all. It has been heard and determined before by another court,” Mr Reza submitted.

Mr Reza said Biti had, on other occasions, submitted similar applications which were again dismissed by Justices Tawanda Chitapi and Justice Manyangadze.

“He has not submitted anything new to suggest that another judge may rule differently,” said Mr Reza.

The application is pending.