The assault trial of Tendai Biti continued today with him raising constitutional questions which were dismissed in his previous applications for referral to the Constitutional Court.
Biti is facing charges of assaulting businesswoman and investor Mrs Tatiana Aleshina at the Harare Magistrates Court in 2020.
Biti, who is now submitting his defence, had his previous applications for referral of the matter to the Constitutional Court dismissed by Harare Magistrate Mrs Vongai Guwuriro.
Deputy Prosecutor General Mr Michael Reza responded by saying Biti’s application is a classic example of frivolous and vexatious.
“He made such applications before and they were dismissed. I don’t know whether to cry or laugh, this application ought to be dismissed,” said Mr Reza
Mr Reza said the court was now functus officio. The magistrate deferred the matter to November 7 for ruling.
During the previous sitting the lawyer insisted that he did not physically assault Mrs Aleshina.
The trial is now in its third year with the matter going at a snail’s pace due to postponements at the instigation of the defence.
Submitting his defence, Biti told the court that putting the charge on him as done by the State is invalid from a common law point of view.
He said it was an infringement of his constitutional rights.
“Your worship if you say I’m an idiot, I will just laugh at you because the word means nothing to me,” said Biti.
