THE State yesterday accused opposition CCC legislator Tendai Biti of submitting bulky documents that have nothing to do with his assault case.
The court heard that Biti, who was under cross examination by prosecutor Michael Reza in a case he is accused of verbally assaulting Russian investor Tatiana Aleshina at the Harare Magistrates Court in 2020, submitted several documents that did not cite the name of the complainant.
But Biti insisted that the complainant, Aleshina, was linked to the submitted documents.
Reza asked Biti if the documents he submitted of events which occurred between 2004 and 2009 had anything to do with the alleged violation of his rights as claimed.
"Confirm you alleged your two rights have been violated in this case. Here there are a lot of documentary exhibits you submitted and it covers the period 2004 to December 2009. Confirm during that period you had not met the complainant," Reza asked.
"Yes," Biti answered.
"Confirm you cannot find the name of the complainant Tatiana Aleshina in all these documents you filed yourself before the court in relation to this assault case," Reza asked again.
Biti confirmed that there was no name of the complainant.
"So how do these documents you submitted in court for your application for referral to the Constitutional Court (ConCourt) help you in the violation of your rights by the complainant whose name is not in the documents? Reza asked.
Biti said the documents were a demonstration of how his rights were violated.
Reza said some of the documents included the appointment of a commission of inquiry into the City of Harare by former Local Government minister Ignatius Chombo, documents from the Zimbabwe Anti-Corruption Commission, High Court cases involving Fairclot Investments, but all had nothing to do with the assault charge Biti was facing.
"Why do you always bring issues of Fairclot Investments, George Katsimberis court cases, are you their lawyer? Reza asked.
"I am not their lawyer in the High Court that l mentioned, but l am their lawyer in their criminal case," Biti responded.
"So you're bitter that your clients did not receive their alleged payment of $4 million for Airport Road (project) or you're bitter against the complainant that you have lost cases for your clients?" Reza asked.
Biti said he was not bitter.
"You're bitter that the complainant is taking money from Zimbabwe and putting it in her handbag and going outside the country, so that when you see her you become bitter and want to vent your anger on her?" Reza asked.
But Biti said he did not know the complainant when he met her at the court on the fateful day.
Biti also accused The Herald journalists of focusing on his assault case instead of reporting on former minister Prisca Mupfumira, ex-Zesa boss Joshua Chifamba and others.
Reza read a statement by Zanu PF member Patrick Chinamasa written by The Herald urging the police to thoroughly investigate the matter and check if there was evidence to nail down Biti.
He then asked Biti if the statement written by The Herald was wrong.
Biti said the statement is insinuated that he committed the offence.
"All these exhibits have absolutely nothing to do with the case of assault before the court," Reza said.
Reza accused Biti of lying in court that he only prosecuted opposition members.
Magistrate Vongai Muchuchuti-Guwuriro will on January 30 next year rule on whether Biti’s case qualifies to be referred to the ConCourt.