The legislator is being sued for US$1 million for allegedly
defaming local businessman Mr Kenneth Raydon Sharpe and his subordinate Ms
Tatiana Aleshina.
Appearing before High Court judge Justice Tawanda Chitapi
for the civil trial process yesterday, Biti’s lawyer Professor Lovemore Madhuku
asked for a postponement saying Mr Biti’s camp was still waiting for a
determination of their appeal at the High Court for an application for leave to
appeal at the Supreme Court.
This comes after Mr Biti’s leave to appeal at the Supreme
Court was dismissed by the bench because the application was improperly before
the court.
The High Court had ordered that the civil trial proceed
after Mr Biti objected to the lawsuit, but lost that application by a default
judgment.
However, Advocate Thembinkosi Magwaliba appearing for Mr
Sharpe and Ms Aleshina, opposed the latest application for postponement.
Advocate Magwaliba argued that the court was being held to
ransom by Mr Biti, who has been asking for several postponements.
Rules of the court are not supposed to be taken advantage
of and used to frustrate the other party, Adv Magwaliba said.
“It is clear the application constitutes an obstruction to
the proceedings. It is filed for the purpose of obtaining postponement, and
this application is for defeating the commencement of the trial,” he said.
“They knew the proceedings at Supreme Court were dismissed
and they did nothing; they just want to defeat the commencement of these
proceedings. I submit my Lord that the defendant cannot escape the costs and
that justice is being held at ransom by the defendant.” Herald
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