MDC-Alliance principal Tendai Biti’s application for a
temporary release of his passport was yesterday dismissed by Harare magistrate
Mr Francis Mapfumo because he is a flight risk since he was arrested while
attempting to flee the country.
Biti had applied for the temporary release of his passport
to attend counselling sessions for post-traumatic disorder in South Africa and
a conference organised by Pan-African lawyer’s Union in Tunisia.
Mr Mapfumo ruled that the release of Biti’s passport was
too risky as the State was using it to ensure that he followed the court’s
guidelines and appeared for his routine remand.
“The basis of the case lies on the fact that the accused
was arrested while he was using the very passport he is asking to be released,”
he said.
“He knew that he was wanted by the police and he chose to
flee. If it was not for the Zambian government that returned him, he would have
succeeded in fleeing.
“The passport is a way of ensuring that he shows his face
before the court. Releasing it is too risky, therefore, the application is
hereby dismissed.”
Biti was further remanded to October 3.
Through his lawyers — Ms Beatrice Mtetwa, Messrs Alec
Muchadehama, Harrison Nkomo, Gift Mtisi and Denford Halimani — Biti made an
application for the release of his passport from September 26 to October 23.
The State represented by Mr Michael Reza opposed the
application, stating that there was no need for him to go for treatment in
South Africa since he was invited for medical treatment, yet he had not
indicated that he was not well.
Mr Reza argued that in the case of the conference in
Tunisia, Zimbabwe Lawyers for Human Rights can nominate another lawyer to
represent them.
Biti is facing charges of inciting violence and
contravening Section 66A (1) of the Electoral Act Chapter 2:13, which prohibits
the unofficial or false declaration of election results.
He is alleged to have unlawfully declared opposition party
leader Mr Nelson Chamisa as the winner in the presidential elections held on
July 30.Herald
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