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Citizens’ Coalition for Change (CCC) vice president Tendai Biti has filed an appeal at the High Court challenging his recent conviction and sentence, reported <a href="https://www.newzimbabwe.com/former-finance-minister-biti-appeals-against-assault-conviction-sentencing/">NewZimbabwe.com</a>.
Biti was recently convicted of verbally assaulting a Russian national, Tatiana Aleshina by Harare magistrate, Vongai Guwuriro Muchuchuti after a full trial.
He was given a wholly suspended six-month prison sentence and also ordered to pay a US$300 fine.
Biti also apologised to Aleshina stating that he never meant to hurt her.
He, however, insisted on his innocence arguing that allegations against him were not criminal and should have been warned and cautioned. Reads part of his notice of appeal:
<blockquote>
The court a quo grossly misdirected itself in convicting the appellant on a charge which was invalid regard being had to the definition of assault in section 88 of the Criminal Law (Codification and Reform Act) more particularly in that a charge of assault by word or gesture had been outlawed by Section 88 of the Act.
The court a quo also grossly erred and misdirected itself in convicting the appellant of assault as defined in section 89(1) (b) of the Act when the section is unlawful and invalid it being couched in too wide, vague and unclear and impressible language and there being no limits to what words or gestures are prohibited so as to constitute an offence…
The court a quo erred and misdirected itself in imposing on the appellant a fine of US$300 in a matter that was de minimus and in which the appellant should have been cautioned and discharged.
In the circumstances, the sentence ought to be quashed and set aside.
Second alternative; the accused be and is hereby found not guilty and acquitted.
</blockquote>
Biti is also asking that should his conviction be upheld, the High Court should order him to pay a fine of US$100 or Zimbabwe dollar equivalent.
The matter is yet to be heard.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Biti Appeals Against Verbal Assault Conviction, Sentencing

Former Finance Minister Tendai Biti was on Tuesday given a wholly suspended six-month prison sentence and also ordered to pay a US$300 fine by Harare magistrate Vongai Guwuriro Muchuchuti following his conviction the previous day for verbal assault.
Biti (56), was on trial for calling a Russian national, Tatiana Aleshina “stupid” while leaving court in November 2020.
The former Harare East MP made the jibe after Aleshina had stood up from the public gallery to object to Biti’s line of argument in a criminal matter involving her boss Ken Sharpe, a controversial property tycoon.
Biti’s lawyer Alec Muchadehama told reporters they were “extremely disappointed but not surprised” with the court’s verdict. He said:
<blockquote>
We are going to appeal both the conviction and sentence. By tomorrow (Wednesday) the appeal will have been filed.
</blockquote>
The National Prosecuting Authority of Zimbabwe (NPAZ) confirmed Biti’s sentencing in a statement. It said:
<blockquote>
Tendai Luxton Biti who was convicted at the Harare Magistrates Court yesterday afternoon has been sentenced.
The court has ordered him to pay a fine of USD300 forthwith. If he fails to pay the fine he will serve 6 months imprisonment.
A further 6 months have been wholly suspended on condition that the accused person does not commit a similar offence within 5 years.
</blockquote>
According to <a href="https://www.zimlive.com/tendai-biti-escapes-jail-over-stupid-jibe-at-woman-who-interrupted-court-hearing/">ZimLive</a>, Aleshina arrived in Zimbabwe in 1997. Her sister, Joanna, is married to Ken Sharpe.
Sharpe sparred with Biti in court in 2020 after the lawyer accused him of corruption in his acquisitions of vast tracts of land in Harare.
Commenting on Biti’s conviction and sentence, opposition politician David Coltart, who is also Bulawayo Mayor, said:
<blockquote>
Let us be clear about one thing – the conviction and sentencing of Tendai Biti is not an indication that gender-based violence is being adequately addressed in Zimbabwe.
This was a political trial against a senior opposition politician accused of verbally assaulting a woman. Other senior government politicians have never been tried for far worse allegations.
Some have allegedly been responsible for women suffering major physical injuries including the loss of limbs.
Nothing has ever been done to bring those politicians to justice – indeed the courts have even facilitated some of these gross violations of rights.
</blockquote>
Journalist and government critic Hopewell Chin’ono accused the ZANU PF-led government of abusing courts to persecute political opponents. He wrote on X:
<blockquote>
The ridiculous conviction of Tendai Biti in the magistrate’s court by Vongai Guwuriro shows how far the ZANU PF regime is prepared to embarrassingly go in punishing its political adversaries using captured courts.
Unfortunately, this won’t end with Tendai Biti alone, anyone who is perceived to be a critic or political opponent of the regime will be punished using these political courts when the chance arises.
As Tendai Biti is sentenced today after FOUR years of going to court for this case, he should be prepared for anything because this regime hates him deeply, he could be sent to jail for supposedly calling someone stupid.
That is how low the bar has sunk in Zimbabwe after this regime took away any pretence of having a professional judiciary which rules based on the law, instead of being used as a persecution chamber for those opposed to ZANU PF corrupt rule and ZANU PF surrogates!
The use of the judiciary for political purposes undermines the rule of law and democracy.
Today it is Tendai, tomorrow it could be you!
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Biti Fined US$300 For Calling A Russian Woman "Stupid Idiot"

Former Finance Minister Tendai Biti has been found guilty of verbally assaulting a Russian national and investor Tatiana Aleshina in 2020.
Biti, who is a lawyer by profession and an opposition politician, was convicted after a full trial.
According to <a href="https://www.newzimbabwe.com/former-finance-minister-biti-convicted-for-assaulting-foreign-investor/">NewZimbabwe.com</a>, Biti denied the allegations arguing that the charge against him did not form a criminal offence.
Biti’s prosecution followed an incident at the Harare Magistrates Court, where there was an exchange of words between him and Aleshina.
Aleshina said she was about to leave the court gallery after the court session where she was one of the witnesses in criminal cases when she was assaulted by Biti. In her complaint, Aleshina said:
<blockquote>
While attending to these matters at Harare Magistrates’ Court, I and my colleague at Pokugara Properties (Private) Limited have been victims of Mr Biti’s unsolicited verbal abuse and assaults which amount to gross professional misconduct.
It was clear to all people who were in the court gallery that Mr Biti took delight not only in verbally abusing me but in trying to intimidate me and felt that, as a woman and foreigner of Russian origins, I was a nonentity to him and that he would use every extrajudicial means to crush me or harm or destroy me for daring to be a witness in the criminal matter against his client.
I strongly feel Mr Biti also violated my rights as a woman by trying to show his man power over me by swearing and shouting at me in a way which clearly made me less human thereby humiliating me. His conduct in pointing against my face was a clear act of verbal assault.
</blockquote>
In convicting Biti, Harare magistrate Vongai Muchuchuti said that people cannot be allowed to call each other “idiots” and go scot-free. She said:
<blockquote>
What remains critical is that she went to receive medication. She was prescribed some medication although she refused to be admitted.
It is not in dispute that the accused and complainant had a verbal altercation on the day in question and the accused called the complainant a stupid idiot.
All the witnesses except the doctor have confirmed that the incident occurred.
The evidence that clearly stands out is that the accused pointed a finger at the complainant.
The State has managed to prove that the accused uttered the words which the accused confirmed himself.
All the witnesses are credible witnesses and the court has no reason to doubt their testimonies.
The evidence of all the state witnesses cannot be said to be worthless as alleged by the accused.
For those reasons, I find the accused person guilty.
</blockquote>
Biti is set to be sentenced at 10 AM on Tuesday and could be sentenced to a fine or up to 10 years or both.
His lawyer, Alec Muchadehama, said that they will appeal his conviction.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Biti Found Guilty Of Assault, He Called A Russian Citizen "Stupid Idiot"

The Supreme Court of Zimbabwe has dismissed an application for leave to appeal filed by <a href="https://www.pindula.co.zw/Tendai_Biti/">Tendai Biti,</a> who faces a US$1 million defamation lawsuit brought by Augur Investments’ top executives <a href="https://www.pindula.co.zw/Kenneth_Sharpe/">Kenneth Raydon Sharpe</a> and Tatiana Aleshina.
Biti’s application was dismissed with costs by Justice Alfas Chitakunye, who said it was improperly placed before the court, <a href="https://www.newsday.co.zw/local-news/article/200012656/biti-loses-us1m-defamation-appeal">NewsDay</a> reported. The High Court had already ordered that the trial proceed after Biti objected to the lawsuit but lost by default judgment. Biti then approached the Supreme Court seeking leave to appeal the High Court’s verdict. However, Justice Chitakunye said Biti should have first purged the default judgment he lost at the High Court before approaching the Supreme Court for leave to appeal.
Biti’s appeal comes after his application for exception was dismissed by High Court judge, Justice Jacob Manzunzu in 2021. The trial was due to commence before High Court judge, Justice Tawanda Chitapi, but failed to kick off after the opposition legislator filed an appeal against the High Court’s ruling at the Supreme Court.
Augur Investments is seeking US$500 000 damages from Biti while its chief operations officer, Aleshina is claiming US$100 000. Sharpe wants US$400 000.
Biti is accused of having scandalized the company’s good standing over the Harare Airport Road tender. Augur accuses Biti of making false claims that they were involved in fraudulent transactions and land theft from the City of Harare, portraying them in a bad light.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Biti Suffers Setback In US$1 Million Defamation Lawsuit

Former Finance Minister <a href="https://www.pindula.co.zw/Tendai_Biti">Tendai Biti</a> has claimed that businessman <a href="https://www.pindula.co.zw/Kenneth_Sharpe">Kenneth Raydon Sharpe</a> is part of the greatest land heist in the history of independent Zimbabwe.
Biti made the claims while testifying at the Harare Magistrate Court in a case where he is accused of <a href="https://news.pindula.co.zw/2020/12/05/bitis-assault-victim-lodges-complaints/">verbally assaulting Sharpe’s business partner, Tatiana Aleshina.</a>
Sharpe owns Augur Investments which entered into two land deals with the Harare City Council (HCC) which resulted in the local government authority losing vast tracts of land, according to <a href="https://www.newzimbabwe.com/controversial-tycoon-ken-sharpe-in-zimbabwes-greatest-land-heist-says-biti-as-he-lays-into-mastermind-associate/">NewZimbabwe</a>.
According to Biti, the opposition Citizens Coalition for Change (CCC) vice president, Aleshina has been involved in a series of land grab scandals through Augur Investment OU, a company she fronts.
<h2>Some Context:</h2>
In 2007, Augur Investment entered into an agreement with HCC to form a firm called Sunshine Development. Augur was supposed to deposit US$30 million into the capital bank of Sunshine Development. Augur would get 70 percent of shares in the joint venture company. Augur Investment allegedly deferred from depositing the money into the account, but took away land and transferred it to several shelf companies.
In 2008, HCC and Augur reportedly entered into another agreement for the construction of the airport road. HCC agreed to give land to Augur Investment in return for the construction of the road. Biti says Augur did not honour the contract but went ahead and claimed the land from the local authority. Instead, Augur subcontracted Fairclot in 2013 to do the work. Fairclot, however, withdrew all its equipment and stopped work on the road after doing just 2.7km of the 10km due to non-payment.
In May 2014, the central government cancelled the agreement between HCC and Augur for the construction of the Harare airport road due to the non-performance of Augur and their associates.
Biti says despite failing to deliver on their part, up until that time they had been given thousands of hectares of land, Augur demanded additional land as a penalty against the City of Harare.
The trial is set to resume on October 18.
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

Biti Says Ken Sharpe Is Part Of The Greatest Land Heist In Independent Zimbabwe

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