Opposition politician Tendai Biti has filed an appeal at the High Court challenging his recent conviction and sentence.
The former Finance Minister was convicted of verbally assaulting a Russian national, Tatiana Aleshina by Harare magistrate, Vongai Muchuchuti after a full trial.
Biti however escaped a custodial sentence after he was fined for the offence.
He insisted on innocence arguing that allegations against him were not criminal and should have been warned and cautioned.
He also apologised to Aleshina stating that he never meant to hurt her.
In his appeal, Biti said the magistrate erred in convicting him.
“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,” reads part of his notice of appeal.
Biti also submitted that his sentence was shock-inducing.
“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.
Alternatively, the top lawyer asked the High Court to have his matter referred to the Constitutional Court to determine whether his rights in terms of the Constitution have been violated.
“Second alternative; the accused be and is hereby found not guilty and acquitted,” reads his draft order.
Biti is also asking that should his conviction be upheld, the High Court should order him to pay a fine of US$100 or its equivalent in Zimbabwean dollars at the official rate.
The matter is yet to be heard. – NewZim
