Lawyer confronts State over ‘personal interest’ in Biti’s case

…..drama as Acting deputy chief prosecutor Mr Micheal Reza calls lawyer Aleck Muchadehama ‘Idiot’ while prosecuting MDC- A vice president Tendai Biti for calling Ms Tatiana Aleshina ‘stupid’.
By Senior Court Reporter
HARARE – MDC Alliance vice president Tendai Biti’s lawyer Aleck Muchadehama today clashed with acting deputy chief prosecutor Michael Reza, accusing of him of pursuing a personal vendetta against his client.
This followed Reza’s refusal to have Biti’s matter postponed to another date but opt for a warrant of arrest despite being advised by Muchadehama that his client is in self isolation also in attendance at the Court premises after some of his client’s employees tested positive to Covid-19 this yesterday.
“Your worship my client is in isolation and he is also present at this Court premises , he is observing World Health Organisation and government’s prescribed guidelines as the world grapples to fight covid 19 pandemic”, said Muchadehama.
“COVID-19 positive or not, we do not know any of that at all… in fact section 194 (2) of the CP and E says if the accused person absence himself during the trial without leave of the courts I did not hear this court excusing the accused not to be here all we have is a letter from a law firm which is saying certain things.
Biti is being accused of assaulting a Russian national Tatiana Aleshina in November 2020 at the Harare magistrate Courts.
“Your worship that letter from a law firm cannot be a substitute for COVID-19 positive results, this is a lawyer who is just saying has been in contact with somebody who has turned out to be COVID-19 positive. What we do not know is for a fact whether the person mentioned to be COVID-19 positive is indeed positive. This a person who was warned to appear before this court at 0900hrs leave has not been granted to absent himself so therefore a warrant of arrest must be issued.” charged Reza
Muchadehama had asked for postponement to allow his client to go for Covid-19 testing process as prescribed by the World Health Organisation’s guidelines.
However last month Muchadehama had filed an application for Reza’s rescusal to prosecute Biti after he was previously ruled that he had conflict of personal interest with the matters Biti stand accused of.
“We seek an extra notion on Reza on why he is being so much interested in this matter to an extent that he refused to postpone the matter and allow my client to observe Covid-19 regulations”, he told magistrate Vongai Guwuriro.
He also asked if Reza had personal interest or issues with him and Biti is malicious pushing for a warrant of arrest for top politians.
“Your worship if my learned brother ( Muchadehama) continues to say I am malicious I will call him an idiot”, Reza said.
The court moved the matter to July 28th 2021 for continuation.

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