By A Correspondent| Tempers flared in court yesterday after opposition MDC Alliance Deputy President Tendai Biti’s lawyer Alec Muchadehama called state prosecutor Micheal Reza malicious for pushing for a warrant of arrest against Harare East legislator who missed the court after getting in contact with a Covid-19 positive person at his offices.
Muchadehama accused Reza of pursuing a personal vendetta against Biti who could not be in court as he was in isolation in line with the World Health Organization guidelines.
Reza insisted that Biti who is accused of assaulting a woman of Russian origin Tatiana Aleshina should be issued with a warrant of arrest, forcing Muchadehama to describe his actions as malicious.
“Your worship my client is in isolation and he is also present at this Court premises , he is observing World Health Organisation and government’s prescribed guidelines as the world grapples to fight covid 19 pandemic”, said Muchadehama.
“COVID-19 positive or not, we do not know any of that at all… in fact section 194 (2) of the Criminal Procedures and Evidence Act says if the accused person absents himself during the trial without leave of the courts, I did not hear this court excusing the accused not to be here all we have is a letter from a law firm which is saying certain things.
“Your worship that letter from a law firm cannot be a substitute for COVID-19 positive results, this is a lawyer who is just saying has been in contact with somebody who has turned out to be COVID-19 positive. What we do not know is for a fact whether the person mentioned to be COVID-19 positive is indeed positive. This person was warned to appear before this court at 0900hrs, leave has not been granted to absent himself so therefore a warrant of arrest must be issued,” charged Reza.
This forced Muchadehama to question Reza’s interest in the case to the extend of disregarding WHO guidelines.
“We seek an extra notion on Reza on why he is being so much interested in this matter to an extent that he refused to postpone the matter and allow my client to observe Covid-19 regulations”, he told magistrate Vongai Guwuriro.
He also asked if Reza had personal interest or issues with Biti or was just being malicious, pushing for a warrant of arrest against his client.
Unexpected of a senior law officer, a Deputy Prosecutor General, Reza lost his temper hit back at Muchadehama in what left the court room in stitches.
“Your worship if my learned brother continues to say I am malicious I will call him an idiot,” snapped Reza.
The matter was postponed to 28 July for continuation of trial.