Zimpapers Logo

Prosper Dembedza Herald Correspondent

The assault trial of Tendai Biti continued today with deputy prosecutor general Mr Micheal Reza informing the court that his application for recusal of the magistrate was unprocedural and lacked merit.

Reza said this while cross-examining Biti in his third application for the recusal of Harare magistrate Mrs Vongai Muchuchuti.

Biti is facing charges of assaulting Mrs Tatiana Aleshina at the Harare Magistrates Court.

Mr Reza put it to Biti that he abandoned his application for referral of the matter to the Constitutional Court after the court ruled that his matter be heard on a daily basis to ensure progress.

Biti responded by alleging that the ruling by the court affected his constitutional rights, and he further said that he does not want anyone to take away the rights he was given by the constitution.

In response to Biti’s comments against the court’s ruling to have the case heard on a daily basis in order to speed up processes, Mr Reza said if he had  challenges with the court’s ruling, he should have appealed to the superior courts rather than applying for the magistrate’s recusal.

Biti alleged that Mrs Muchuchuti was a protagonist, hence his application for her recusal.

The matter was deferred to August 12 for a ruling.

In her ruling to hear the matter on a daily basis Mrs Muchuchuti highlighted that  Biti’s application for referral of the matter to the Apex Court started on May 27, and up to date, the application is yet to conclude.

She said she needed to dispose of this matter within a reasonable time frame, hence the interventions.

She further reiterated that Biti should be reminded that he is the accused in this matter and should give it priority over other matters.

“With the rate we are managing this case it means the accused will need another two months to finish his application,” she said.