Biti’s application irrelevant: State

Prosper Dembedza Court Correspondent
The State has accused Tendai Biti of seeking referral of his assault case to the Constitutional Court on irrelevant grounds.

Senior Prosecutor Mr Michael Reza told the court that Biti’s reasons for the application had absolutely nothing to do with the assault case.

“The accused is trying to bring in politics and political names in an assault case which is irrelevant,” he said.

Mr Reza added that there is absolutely no reason for referral of the matter to the apex court.

“This is a purely criminal case but the accused wants to bring in politics where it doesn’t fit.”

Mr Reza also submitted that, in his application, Biti talks about a contract signed by Augur Investment during the Airport road construction which is irrelevant in the matter before the court.

Last week, Mr Reza told the court that if it keeps on entertaining Tendai Biti’s applications for postponements his trial will never be heard.

This came after Biti’s lawyer Mr Alec Muchadehama had applied for a postponement saying the State should give them a record of proceedings for the previous sittings.

“Every single application that the accused person is entitled to have has been made by the accused person in this court,” he said.

He told the court that numerous applications for postponements have been granted at the instigation of the defence.

“The record of proceedings does not stop these proceedings This is the time for this court to order the commencement of this trial otherwise it will not kick off during our lifetime,” said Mr Reza.

On the previous sitting, Harare magistrate Mrs Vongai Muchuchuti Guwuriro dismissed, for the second time, Biti’s application for her recusal.

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