Harare magistrate Mrs Vongai Guwuriro will today deliver a ruling in Tendai Biti’s third application for referral to the Constitutional Court of his assault matter.

The lawyer had his two previous applications of the same nature dismissed by the same magistrate.

Biti is facing charges of assaulting businesswoman and investor, Mrs Tatiana Aleshina at the Harare Magistrates Court in 2020.

The lawyer raised constitutional questions while submitting evidence in his defence.

He is arguing that his constitutional rights were being infringed.

Deputy Prosecutor-General Mr Michael Reza responded saying Biti’s application was frivolous and vexatious.

“He made such applications before and they were dismissed. I don’t know whether to cry or laugh (but) this application ought to be dismissed,” said Mr Reza.

He said the court was now functus officio (its mandate has expired).

During the previous sitting, Biti insisted 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 was 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.

He added that even if the court were to also call him a witch, he will still laugh. The Herald