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Prosper Dembedza Court Correspondent

The State has vigorously opposed an application by MDC Alliance vice president Tendai Biti to have Harare magistrate Mrs Vongai Muchuchuti recuse herself from presiding over his assault matter.

Biti is facing allegations of manhandling a Russian woman, Tatiana Aleshina, during an altercation outside the Harare Magistrates Court. Biti is claiming the magistrate was biased and working in cahoots with the State and, therefore, claims he might not get a fair trial.

He further submitted that the magistrate was against every application he makes.

Prosecutor Mr Rafara Chirambira told court that Biti’s application was fatally flawed and bound to fail.

He said the court should not abdicate its judicial functions because it has been asked to do so.

“There is no evidence to substantiate the allegations by the accused person in his application for recusal,” said Mr Chirambira. “The State is strongly opposed to the accused’s application because no evidence has been placed to support it.”

Mrs Muchuchuti remanded the matter to October 25 for ruling.

Biti was last week put to the witness stand while leading evidence on the application for referral of the matter to the Constitutional Court. He started accusing Zanu PF, The Herald, Mr Nick Mangwana and Police Commissioner General Godwin Matanga for trying to destroy his image.

He turned on to Mrs Muchuchuti, accusing her of being biased and grossly abusing his constitutional rights.