Zimpapers Logo

Prosper Dembedza
Court Correspondent

Senior prosecutor Mr Michael Reza has opposed an application by Tendai Biti to have his assault case referred to the Apex Court.

Biti is facing charges of manhandling a Russian investor Ms Tatiana Aleshina at the Harare Magistrates Court.

Biti wants the matter to be referred to the Constitutional Court on the grounds that certain rights of his were infringed from the day he was arrested.

However, Mr Reza argued that none of Biti’s rights were infringed.

He said Biti indicated areas in which he say his rights were infringed but the State said this was not true.

“He was arrested in December 2020 by his own admission. He is a lawyer of more than 30 years and it has taken him two years to now say my rights were infringed,” said Mr Reza.

Mr Reza added that there was absolutely no reason for referral of this matter to the Apex court.

“When he initially appeared in court he was asked whether he had complains against the police and he said no, so that point cannot be raised now.

“He complained about my behaviour, which saw him making two unsuccessful applications of my recusal which were dismissed by the High Court,” said Mr Reza.

He said Biti in his application mentions names of senior Zanu PF members like Patrick Chinamasa and Nick Mangwana who have nothing to do with this court.

“This is a purely criminal case but the accused wants to bring in politics where it doesn’t fit.
Mr Reza said this court was not a political field.
He also submitted that Biti in his application talks about a contract signed by Augur Investment during the Airport road construction which is irrelevant in this matter.

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

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.

Mr Reza opposed Mr Muchadehama’s application saying a time has to come when the court must put its foot down and say enough is enough.

“Every single application that the accused person is entitled to 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.

Mr Muchadehama who was not present when the application was dismissed sent one of his juniors to postpone the the matter to May 27 saying he would be engaged at the High Court until that day.

However, Mr Reza vehemently opposed the postponement saying the trial had taken long to kick off.

He said Mr Muchadehama and Biti were just seeking postponements to delay trial.

In dismissing the application Mrs Guwuriro said the mere possibility of biase must be proved in such applications.