Harare magistrate Mr Francis Mapfumo is next Thursday
expected to rule on whether or not one of the MDC-Alliance principals Tendai
Biti’s arrest and appearance in court were lawful.
Biti, who is facing charges of inciting violence and
contravening the Electoral Act, is challenging the jurisdiction of the court in
his case, arguing that he was “abducted” by Zimbabwean authorities who returned
him to Zimbabwe from Zambia.
Biti, who was denied asylum by the Zambian government after
he tried to seek refuge in that country, wants the court to determine whether
his arrest and appearance in court were proper given the circumstances of his
case.
He argued that he was unlawfully arrested in Zambia by
unidentified Zimbabwean men. Through his lawyers — Ms Beatrice Mtetwa, Messrs
Alec Muchadehama, Harrison Nkomo and Gift Mtisi — Biti in his application said
when he sought asylum in Zambia, he was not running away from the police, but
from political persecution.
In his evidence-in-chief, Biti said: “I was unlawfully
returned to Zimbabwe despite the fact that my life was in danger. No court in
Zimbabwe has jurisdiction over me, I should be in a Zambian court since an
order was passed by a Lusaka judge.
“In light of these violations of international laws,
Zimbabwe and Zambian domestic laws, my deportation is a nullity and anything
that follows is a nullity.”
Prosecuting, Mr Michael Reza opposed the application and
called the investigating officer in the case, Chief Superintendent Jealous
Nyabasa, who told the court that when Biti was denied asylum by the Zambian
government, he was handed over to the Zimbabwean immigration officials, who in
turn surrendered him to the police.
He dismissed Biti’s claims that he was arrested on Zambian
soil.
Chief Supt Nyabasa said the opposition figure played hide
and seek with the police fully aware that he was wanted for questioning.
He said Biti was lawfully arrested.
“Your Worship, the accused is a Zimbabwean citizen who was
lawfully arrested in Zimbabwe at Chirundu Border Post and lawfully brought to
court within the stipulated time frame,” said Chief Supt Nyabasa.
“Therefore, given the circumstances, he is properly before
the court.”
Mrs Beatrice Mtetwa said she would file her written
submissions today and the State will respond next Tuesday, while Mr Mapfumo
should deliver a ruling based on the written submissions next
Thursday. Herald
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