Harare regional magistrate Mrs Vongai Muchuchuti has dismissed an application for exception by MDC-Alliance vice president Tendai Biti on allegations of manhandling a Russian national during an altercation outside the Harare Magistrates Court.
Biti, through his lawyer Mr Alec Muchadehama, applied for
the exception and quashing of charges arguing that the facts submitted in the
State outline does not disclose an offence.
In her ruling, Mrs Muchuchuti said the application by the
defence 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.
Mr Reza opposed the application for postponement saying he
does not know the procedure which the defence wanted the court to follow.
He stated that the defence should follow the law.
“The accused person’s application for exception has been
dismissed and he is supposed to plead but his defence wants to abandon the
law,” he said.
He said the State is prepared to commence trial and ought
to put the charge to the accused person.
Mr Reza said the defence is using a tactic of appealing
against each and every ruling by the court which is against it in order to
evade trial commencement and also to try and make the complainant surrender.
“We are now having a system whereby the defence is
appealing against every ruling that is made by the court which is against it.
This is a tactic to delay trial and to make the complainant tire, but this will
not work,” said Mr Reza.
Mrs Muchuchuti again dismissed Mr Muchadehama’s application
for a postponement saying justice must not be delayed.
“The defence knows very well that when an application for
exception is overruled, the charge must be put to the accused person. Herald
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