Senior prosecutor Mr Micheal Reza yesterday accused Biti of
trying to permanently stop trial.
Biti is facing allegations of manhandling a Russian
investor, Ms Tatiana Aleshina, during an altercation outside the Harare
Magistrates Court.
His lawyer Mr Alec Muchadehama told the court that trial
should not commence since they made an appeal against Justice Chitapi’s ruling
at the Supreme Court which has a pending determination.
Mr Muchadehama said trial should not kick off until the
Supreme Court made its determination which Mr Reza opposed. Mr Reza argued that
the defence wanted a permanent stay of proceedings and the permanent recusal of
himself and the magistrate.
Mrs Guwuriro deferred the matter to Thursday for ruling.
Proceedings in this matter were stayed last year by the
High Court after Biti approached it seeking the recusal of both the trial
magistrate Mrs Vongai Muchuchuti Guwuriro and the prosecutor Mr Michael Reza
respectively on the basis that they were both biased against him.
However, Justice Chitapi dismissed Biti’s application for
review saying he should stand trial. He ruled that there was no evidence of
bias by Mr Reza or Mrs Guwuriro.
Justice Chitapi dismissed the argument that Ms
Muchuchuti-Guwuriro was biased, and dismissed the allegation that she had
herself contacted someone at the Master’s Office trying to track down Mr
Muchadehama as there was no evidence of this and no affidavit from the named
officer.
The judge said Mr Reza, had every right to try and track
down the defence counsel.
Ms Aleshina is one of the witnesses in the case involving
building contractor George Katsimberis who is alleged to have defrauded a land
developer with whom he had entered into a joint venture to build cluster houses
in Harare’s Borrowdale suburb.
In the matter, Katsimberis is accused of using plans that
were not approved by council, which led to the show house being demolished.
Ms Aleshina is the chief operating officer of the land
developer. Herald
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