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Prosper Dembedza Court Correspondent

Harare regional magistrate Mrs Vongai Muchuchuti has dismissed an application for exception by MDC-Alliance vice president Tendai Biti on allegations of manhandling a Russian national during an altercation outside the Harare Magistrates Court.

Biti, through his lawyer Mr Alec Muchadehama, applied for the exception and quashing of charges arguing that the facts submitted in the State outline does not disclose an offence.

In her ruling, Mrs Muchuchuti said the application by the defence lacked essential elements.

She said the defence also did not disclose any prejudice they will suffer if they are to plead.

Soon after the application was dismissed, Mr Muchadehama applied for the matter to be given a two-week postponement arguing that he needed time to file a review of the court’s ruling at the High Court.

Mr Reza opposed the application for postponement saying he does not know the procedure which the defence wanted the court to follow.

He stated that the defence should follow the law.

“The accused person’s application for exception has been dismissed and he is supposed to plead but his defence wants to abandon the law,” he said.

He said the State is prepared to commence trial and ought to put the charge to the accused person.

Mr Reza said the defence is using a tactic of appealing against each and every ruling by the court which is against it in order to evade trial commencement and also to try and make the complainant surrender.

“We are now having a system whereby the defence is appealing against every ruling that is made by the court which is against it. This is a tactic to delay trial and to make the complainant tire, but this will not work,” said Mr Reza.

Mrs Muchuchuti again dismissed Mr Muchadehama’s application for a postponement saying justice must not be delayed.

“The defence knows very well that when an application for exception is overruled, the charge must be put to the accused person.

“It will not be in the interest of justice if the court allows for such a postponement and therefore, the application is dismissed,” ruled Mrs Muchuchuti.

Mr Muchadehama told the court that intends to apply for the referral of the matter to the Constitutional Court.

He applied to cross examine his client to lead evidence on why they wanted the matter to be referred to the apex court.

The matter was deferred to October 13 for continuation.