The magistrate ruled that the prosecution did prove a prima
facie case.
Biti is facing charges of verbally assaulting and
threatening business person and investor Mrs Tatiana Aleshina outside Harare
Magistrates Court in November 2020.
In her ruling yesterday, the magistrate said it was not in
dispute that some kind of drama took place outside court on the day in question
with the word “stupid” dominating in all testimonies by State witnesses. The
court could not ignore the evidence of the State witnesses.
“The State has managed to prove a prima facie case against
the accused, hence he must be put to his defence for the proper administration
of justice,” ruled Mrs Guwuriro.
The trial was adjourned to September 18.
Biti, through his lawyer Mr Alec Muchadehama, had filed for
discharge at the close of the State’s case, arguing that the charge was
defective and that no assault took place.
However, Deputy Prosecutor General Mr Michael Reza opposed
the application saying Biti should be put to his defence.
Mr Reza submitted that the State was able to prove a prima
facie case against Biti.
He said the section under which Biti was charged requires
that there should be evidence showing that the accused person threatened in any
manner, to assault the complainant or that there was a possibility that an
immediate physical assault was about to take place. Herald
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