The politician is facing charges of verbally assaulting and
threatening businesswoman and investor Mrs Tatiana Aleshina at the Harare
Magistrates Court almost four years ago.
Biti had his recent application for discharge at the close
of the State’s case dismissed by Harare magistrate Mrs Vongai Muchuchuti
Guwuriro who said the State managed to prove a prima facie case against him.
In that application, Biti argued that the charge is
defective.
However, Deputy Prosecutor General Mr Michael Reza opposed
the application.
Mr Reza said the section under which Biti was charged
required that there should be evidence showing that he threatened in any manner
to assault Ms Aleshina.
“Three of the four state witnesses testified that indeed is
what was about to happen. The accused was in a no-nonsense mood as he advanced
towards the complainant,” said Mr Reza.
He further submitted that Biti first labelled Mrs Aleshina
a “stupid, stupid idiot”.
“There is medical evidence both oral and documentary, which
shows that the complainant was convinced beyond a shadow of doubt that she was
about to be beaten up,” he said.
The Deputy Prosecutor General said the State contended that
it has established a prima facie case of assault against the accused and that
he should be put to his defence.
He also said the defence admitted that there were many
other people who were shocked by Biti’s behaviour.
“They admit that the complainant testified that she was
approached by at least two people who expressed shock at what the accused had
done and one such person advised the complainant to go to the police,” said Mr
Reza.
Mr Reza said the doctor’s medical notes admitted show that she presented as having been very
stressed and felt dizzy and almost fainted.
“It was not only the complainant who felt that she was in
immediate danger, Michael van Blerk and Givemore Kasekete, who both testified,
corroborated the complainant’s evidence that there was every indication that
the accused was going to beat up the complainant right there and then.”
He further submitted that Mr van Blerk testified that he
had to step in between the advancing Biti and the now completely immobilised by
fear, Ms Aleshina. Herald
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