Breaking News

New twist in Tendai Biti case

by Staff reporter
23 January 2019 | 4937 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

European Union shocks Mnangagwa's government

by Mandla Ndlovu | 20 August 2019 | 261 Views

Chamisa's hired soldiers caught with their pants down

by Dr Masimba Mavaza | 20 August 2019 | 477 Views

A Letter to Zimbabwe National Army Officers - DEAR ZIMBABWE NATIONAL A...

by Poverty-Stricken Zimbabwean | 20 August 2019 | 345 Views

Our 'scoop' obsessed jurnos, first things first - A middle-aged woman ...

by Tondorindo Murisa. | 20 August 2019 | 87 Views

Jonathan Moyo, Kirsty Coventry mourn Mnangagwa's 'love-rival'

by Mandla Ndlovu | 20 August 2019 | 2881 Views

Europe sends a strong message to Mnangagwa

by Mandla Ndlovu | 20 August 2019 | 3021 Views

The Crocodile in Crisis

by The Times | 20 August 2019 | 2705 Views

Zimbabwe youths rally behind Chief Ndiweni

by Mandla Ndlovu | 20 August 2019 | 2011 Views

'Zimbabwe to issue cash notes soon'

by Bloomberg | 20 August 2019 | 2829 Views

Zimbabwean woman forced to give birth standing up in South Africa - A ...

by Staff reporter | 20 August 2019 | 1001 Views

WATCH: Soldiers in Gweru march on behalf of Chamisa's MDC

by Staff reporter | 20 August 2019 | 6926 Views

Zimdiaspora in final push

by Thabo Makuyana | 20 August 2019 | 888 Views

Moral authority is a pre-requisite for Good Governance

by Big Monday with Tinashe Eric Muzamhindo writes: | 20 August 2019 | 120 Views

How to improve academic performance with proper time management

by Staff Writer | 20 August 2019 | 128 Views

Open letter to Jacob Mudenda: What was your role during Gukurahundi?

by Nicholas Ncube | 20 August 2019 | 615 Views

'Ignorance of failing to see sanction will go if have free elections, ...

by Patrick Guramatunhu | 20 August 2019 | 285 Views

'Zimbabwe not heading towards hyperinflation'

by Bloomberg | 20 August 2019 | 741 Views

Zanu-PF Central Committee member attacked in Nyanga - Zanu-PF central ...

by Staff reporter | 20 August 2019 | 663 Views

2 die in Chipinge bus accident - Two people have died following a head...

by Staff reporter | 20 August 2019 | 536 Views

Mnangagwa 'victim' dies

by Staff reporter | 20 August 2019 | 4469 Views

Zanu-PF Manicaland accuses MDC of cheap politicking - ZANU-PF youths i...

by Staff reporter | 20 August 2019 | 276 Views

Claim freedom granted by Constitution in peace - IF the citizens do no...

by Fr Oskar Wermter SJ | 20 August 2019 | 153 Views

Austerity measures: Is Zimbabwe drinking poisoned chalice?

by Cliff Chiduku | 20 August 2019 | 288 Views

Zanu-PF's economic policy record 'poor': US think tank - UNITED States...

by Staff reporter | 20 August 2019 | 290 Views

Police ban anti-government protests in Gweru

by ZimLive | 20 August 2019 | 395 Views

Zanu-PF member attacked in intra-party violence - ZANU-PF Manicaland p...

by Staff reporter | 20 August 2019 | 291 Views

Protests a form of feedback - Zimbabweans have noted with sadness the ...

by Zanda Shumba | 20 August 2019 | 271 Views

Rural teachers chicken out

by Staff reporter | 20 August 2019 | 457 Views

Entertainment

Rebecca Malope retires

by Mandla Ndlovu | 20 August 2019 | 1619 Views

Famous women in the gambling industry

by Staff Writer | 20 August 2019 | 328 Views

Zimfest delivers another 'phenomenal' festival

by Tidi Kwidini | 07 August 2019 | 634 Views

Should you be betting on reality TV show outcome too?

by Staff Writer | 05 August 2019 | 84 Views

WATCH: Jah Prayzah featuring Iyasa Sadza nemuriwo song

by Mandla Ndlovu | 23 July 2019 | 5678 Views

Muvhango star Marang Phala visits Prophet Sovi's church

by Mandla Ndlovu | 22 July 2019 | 9626 Views

Pure Black set to take Africa by storm

by Mandla Ndlovu | 04 July 2019 | 1000 Views