High Court dismisses Biti’s request to approach Con Court over assault case

High Court has dismissed an application by Harare East opposition lawmaker Tendai Biti who was seeking a review of an earlier ruling barring him from approaching the Constitutional Court in a matter he is charged with assault.

Biti was seeking referral of his matter to the Constitutional court after Harare magistrate Vongai Muchuchuti dismissed his application before his trial commenced recently.

The ruling also comes after his application to have his trail stopped was dismissed by the same judge last week.

In dismissing the present application for review, High court judge Justice Rodgers Manyangadze only read the operative part stating that a full judgement would be made available later.

“It is ordered that the application for review be and is hereby dismissed with no order as to costs,” read the brief judgement.

Biti is accused of verbally assaulting a businesswoman and investor, Tatiana Aleshina in 2020.

The lawmaker has been fighting to block his trial for a while with no luck.

Before his trial commenced, he applied to have his matter referred to the Constitutional Court arguing that allegations against him were not criminal.

Muchuchuti dismissed his application and the trial kicked off before her. Biti had unsuccessfully sought recusal of the magistrate who maintained that she would not be biased.

Aggrieved by the dismissal of his request for referral to the constitutional court, Biti approached the High Court. His matter was heard last Wednesday after dismissing his application for stay of trial at the lower court.

Prosecutor Michael Reza insists that Biti is buying time and feels the case should come to an end. Biti tried to have the magistrate recused over three times and sought Con court intervention twice.