By Anyway Yotamu
HARARE – MDC Alliance vice President, Tendai Biti whose exception appeal was dismissed by Harare magistrate Vongai Muchuchuti Guwiriro has applied for referral of his assault case to the Constitutional Court.
Biti is accused of assaulting a Russian national and controversial land baron Kenneth Raydon Sharpe’s aide Tatiana Aleshina outside the Harare magistrates court premises in November 2020.
After Biti’s exception application was dismissed, his lawyer, Alec Muchadehama filed a notice to apply for the magistrate’s ruling to be reviewed by the High Court saying the decision to stop him from filing for review violated his constitutional right.
He also gave notice to apply for the matter’s referral to the Constitutional Court .
In his application for exception, Biti argued that shouting was not an offence adding that he was being politically persecuted.
Biti further told the court that he is afraid that he may not get a fair trial as his rights to equal protection and benefit of the law have been flouted.
The Harare East legislator said the charge he is facing is a simple one with no allegations the he touched her (Aleshina) but only called her idiot or stupid, further referring to state prosecutor Michael Reza’s case where he called a female magistrate very stupid.
“Calling someone an idiot no malice, that is why he (Reza) was not prosecuted for calling a senior magistrate very stupid,” said Muchadehama.
However, Reza insisted that the trial should start immediately since the application for exception had been dismissed.
The matter was then postponed to October 13 2021 for continuation.
By Anyway Yotamu