BY DESMOND CHINGARANDE A HARARE court yesterday dismissed an application for trial postponement by Citizens Coalition for Change (CCC) vice-president Tendai Biti, who is accused of verbally assaulting a Russian investor at the Harare Magistrates Court in 2020.
Biti, who is being represented by Alec Muchadehama, unsuccessfully filed for the recusal of presiding magistrate Vongai Muchuchuti-Guwuriro for the third time and, instead, filed an application to have his recusal dismissal application reviewed by the High Court before he can proceed with an application for referral.
He had submitted that he wanted to have time for the review of his application for recusal of the magistrate, saying he felt the magistrate was biased against him.
“First, the situation in which the accused is applying for postponement is for the accused to have time for application of review. We sought the court to regulate its proceedings, where allegations of bias are noted. It is crucial for a review since the accused is already complaining about conduct by the court. I submit that in this matter, there are various factors, your ruling ignored the cumulative complaints by the accused,” Biti’s lawyer Muchadehama said.
But prosecutor Michael Reza opposed the postponement saying Biti’s application lacked merit.
“The applicant’s applications have been dismissed by superior courts because they lack merit. He is appealing to your powers to regulate the proceedings pending review. There is nothing that stops you your worship to continue the trial. There is a procedure which they are following, but they embark on another procedure, yet they have no basis,” Reza said.
Keep Reading
- Chamisa under fire over US$120K donation
- Mavhunga puts DeMbare into Chibuku quarterfinals
- Pension funds bet on Cabora Bassa oilfields
- Councils defy govt fire tender directive
“As soon as the court makes that decision, they will make another application. The State is opposed to the application because it lacks merit, and I am asking the court to order the accused to continue with his application for referral to ConCourt [Constitutional Court].”
In her ruling, Muchuchuti-Guwuriro agreed with the prosecution and dismissed the application saying it lacked merit. She ordered the application for referral to ConCourt to continue.
After the dismissal of the postponement application, Biti continued with his application for referral, where he accused the magistrate of showing bias by dismissing his several applications.
He also accused the magistrate of allowing his matter to continue without his lawyer, who had been appearing in another court, which effectively denied him the right to have representation and a right to a fair trial.
The matter has been on remand for the past two years and the trial is yet to resume, with the State accusing Biti of delaying the trial by making several court applications.