Breaking News

New twist in Tendai Biti case

by Staff reporter
23 January 2019 | 4923 Views
MDC Alliance Harare East MP Tendai Biti's case of inciting public violence took a new twist after he applied for recusal of the magistrate, who gave him a warrant of arrest on Monday.

Biti, through his defence team led by Beatrice Mtetwa, yesterday accused Harare regional magistrate Gloria Takundwa of lacking impartiality and if allowed to hear the trial, will prejudice Biti of a fair trial.

Magistrate Takundwa also dismissed the applications placed before her namely application for exception, jurisdiction, splitting of charges and further particulars in which Biti demanded V11 forms from last year's election to form his defence outline.

"The ruling given by the court was unfair as she ruled that Biti committed the crime without hearing his defence in trial, in fact, the court has rejected his defense outline by not ordering the State to give him the v11 and v23 forms.

"So it is our humble submission that proceeding to trial with a judicial officer who has concluded that the accused's defense is not a defence at all would prejudice his rights to a fair trial.

"Biti's conviction is already sealed which is why this application for recusal is necessary because it appears the magistrate has an interest in the matter and will not adjudicate impartially.

'Even in the matter of the warrant of arrest, it was dealt with unfairly as an explanation had been offered by Biti and his counsels yet the court treated the matter like he was in willful default," said Beatrice Mtetwa.




Mtetwa further laid complaints as the matter was not heard at the set 9am because the magistrate was 'indisposed' and it would be proper for her to recuse herself from the matter handing over power to a magistrate with an unjaundiced view.

The State, led by Jonathan Murombedzi, opposed the application due to lack of merit saying that it was the applications that were dismissed not Biti's defense outline.

"There is never a time that the court said he is guilty of an offense she only elaborated on what the trial is going to expose and the attack on the magistrate about the warrant is uncalled for.

"No court with decency would allow an accused person to absent himself from court and dictate how the court should deal with the issue, all things being equal, we are all bound by the court," said Murombedzi.

Magistrate Takundwa dismissed the application saying that she is impartial and will give Biti a fair trial.

The matter will be back in court today for trial continuation.

Biti Court Magistrate

Source: hmetro

Comments

Latest News

Genocide: A tool used by Mashonaland to demonise Ndebeles

by Mqondisi Moyo | 22 April 2019 | 1 Views

PHOTOS: Wicknell Chivayo carrying US$1 million in cash

by Mandla Ndlovu | 22 April 2019 | 1 Views

Zimra moves towards single clearance at ports of entry

by Staff reporter | 22 April 2019 | 4 Views

Fraudulent clerk of court denied bail - A RUSAPE clerk of court facing...

by Staff reporter | 22 April 2019 | 1 Views

Confusion over Sadomba suspension

by Staff reporter | 22 April 2019 | 1 Views

Bosso brace for Triangle - HIGHLANDERS will be hoping that their Indep...

by Staff reporter | 22 April 2019 | 1 Views

Rank marshal jailed over witchcraft rant - A Kwekwe commuter omnibus r...

by Staff reporter | 22 April 2019 | 1 Views

Where is Mnangagwa taking us to?

by Eddie Cross | 22 April 2019 | 1 Views

'Wanton price hikes signify indiscipline'

by Staff reporter | 22 April 2019 | 1 Views

Mnangagwa told to be realistic - GOVERNMENT needs to be realistic abou...

by Staff reporter | 22 April 2019 | 1 Views

MDC led council not going back on tariff increase - BULAWAYO mayor Sol...

by Staff reporter | 22 April 2019 | 1 Views

Military rifle recovered from poachers - POACHERS cornered in a sectio...

by Staff reporter | 22 April 2019 | 1 Views

'Mnangagwa won't take Zimbabwe anywhere'

by Staff reporter | 22 April 2019 | 1 Views

'Zimbabwe public finances in bad shape' - ZIMBABWE'S public finance ma...

by Staff reporter | 22 April 2019 | 1 Views

Artisanal miner shot dead - Shamva Mine security guard Holy Zindi (42)...

by Staff reporter | 22 April 2019 | 1 Views

'Mnangagwa to crack whip on errand businesses'

by Staff reporter | 22 April 2019 | 1 Views

Chief Mvuthu's family in fresh wrangle - THE late Chief Mvuthu's famil...

by Staff reporter | 22 April 2019 | 1 Views

Chamisa in major climbdown, drops hardline stance on Mnangagwa dialogu...

by Staff reporter | 22 April 2019 | 1 Views

Econet raises RTGS$479 287 for Idai relief through EcoCash - TELECOMMU...

by Staff reporter | 22 April 2019 | 1 Views

Revolution is the great teacher - Those living in luxury from the expl...

by Reason Wafawarova | 22 April 2019 | 1 Views

Mnangagwa hopeful on economy - PRESIDENT Emmerson Mnangagwa has said d...

by Staff reporter | 22 April 2019 | 1 Views

Charumbira calls for truce in boundary row

by Staff reporter | 22 April 2019 | 1 Views

War vets slam bread price hike - THE Zimbabwe National Liberation War ...

by Staff reporter | 22 April 2019 | 1 Views

Nedbank Zimbabwe caught with pants down, ordered to return $3m to clie...

by Staff reporter | 22 April 2019 | 1 Views

Chamisa and Mnangagwa mourn Sri Lanka martyrs

by Mandla Ndlovu | 21 April 2019 | 1404 Views

Multiple inconsistencies in Mr Multiverse Dungani's article. - I do no...

by Thulani Nkala | 21 April 2019 | 395 Views

'Biti and Welshman Ncube must not contest at congress'

by Staff reporter | 21 April 2019 | 2465 Views

Entertainment

Charambas drop videos

by Staff reporter | 17 April 2019 | 1256 Views

Jah Prayzah dares UK fans

by Staff reporter | 17 April 2019 | 3474 Views

Bekezela wants his music to appeal to Zimbabweans - South Africa-based...

by Staff reporter | 17 April 2019 | 194 Views

Olinda and Tytan welcome new born baby

by newzimbabwe | 11 April 2019 | 912 Views

Bev looks to conquer world

by Staff reporter | 07 April 2019 | 2581 Views

Mkhululi Bhebhe puts Zimbabwe on gospel map

by Staff reporter | 06 April 2019 | 1859 Views

Winky D to receive award as ZimAchievers pay Tuku tribute

by Staff reporter | 05 April 2019 | 3270 Views
iBlog

Hp Omen 15-5116tx – The Next Generation Gaming Laptop

the hp omen 15-5116tx is being targeted at the performance hungry gamers. it comes in a single variant boasting an eye-catching attractive design. the notebook offers a slim, lightweight chassis and appears like a piece of art than an actual gaming... Read More
Sergey 11 June 2015 ago

What To Look For In Video Converter Software

looking for the best video converter software? you have to compare different video converters before making a purchase.the ability to watch video on different types of devices is a wonderful thing. not so wonderful are the compatibility issues that ... Read More
Sergey 19 June 2015 ago