By Takudzwa Changadeya
Citizens Coalition for Change (CCC) vice president Tendai Biti’s bid to have his assault trial stopped has been denied as he pursues its referral to the Constitutional Court, a local newspaper has revealed.
Biti’s request was denied on Friday by a Harare magistrate Vongai Guuriro.
He is facing allegations of verbally assaulting a Russian businesswoman Tatiana Aleshina at Harare magistrates court in 2020, resulting in her being hospitalised as a result to trauma.
Despite knowing that the trial has already started and with the victim having already testified against him, Biti wants his case to be referred to the Constitutional Court arguing that the accusations were fake.
On Friday the State said allowing Biti’s application would mean the magistrate was reviewing her own ruling as such Biti should approach a different court with his request.
Giving her testimony Aleshina told the court that she was shocked after being verbally assaulted by the lawmaker and never felt secure since then.
Responding to Biti’s request to have his case referred to the Constitutional Court, Reza said his intended application was strange.
“The accused wishes to file (a) constitutional court application. Your worship, my brother wishes to file a strange application. This is unheard of,” New.Zimbabwe.com quoted Reza.
“This court is functus officio and my brother knows what he has to do if an application is dismissed by the court.
“You do not go back to the same court for a similar application, you go to a superior court,” Reza said.
Biti’s lawyer Alec Muchadehama however said he had already given the notice to file the application, adding that the State never indicated it would oppose.
Reza insisted the trial should go on.
“This court is being asked to listen to a nullity.
“We risk being a laughingstock to listen to this application. He needs to go to a superior court,” Reza said.
The magistrate then ordered the parties to file a written application in respect of the ConCourt application and ordered the trial to continue.
The trial then continued with Aleshina being cross-examined by Muchadehama who asked about Aleshina’s employer.
Aleshina said she would stick to the assault case adding she was not allowed to speak on behalf of her employer.
The trial continues on March 21.
