A Harare magistrate has dismissed an application by MDC-Alliance vice president Tendai Biti who wanted assault charges against him cancelled.
Biti is accused of manhandling a Russian national Tatiana Aleshina during an altercation outside the Harare Magistrates Court.
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Biti, through his lawyer Mr Alec Muchadehama, applied for the exception and cancellation of charges arguing that the facts submitted in the State outline do not disclose an offence.
In her ruling, Mrs Muchuchuti said Biti’s application lacked essential elements.
She said the defence also did not disclose any prejudice they will suffer if they are to plead.
Soon after the application was dismissed, Mr Muchadehama applied for the matter to be given a two-week postponement arguing that he needed time to file a review of the court’s ruling at the High Court.
Mrs Muchuchuti again dismissed Mr Muchadehama’s application for a postponement saying justice must not be delayed. Ruled Mrs Muchuchuti:
The defence knows very well that when an application for exception is overruled, the charge must be put to the accused person.
It will not be in the interest of justice if the court allows for such a postponement and therefore, the application is dismissed.
Mr Muchadehama told the court that he intends to apply for the referral of the matter to the Constitutional Court.
The matter was deferred to October 13 for continuation.
More: The Herald