Opposition leader, Tendai Biti’s lawyer, Beatrice Mtetwa of the Zimbabwe Lawyers for Human Rights (ZLHR) yesterday dressed down the investigating officer in her client’s case questioning why he failed to conduct investigations prior to arresting effecting an arrest on the Harare East legislator.
Mtetwa said that for Assistant Commissioner Jealousy Nyabasa to neglect the investigation was deliberate move to punish opposition leaders.
Biti, now the deputy chairperson in the Nelson Chamisa led Movement for Democratic Change (MDC) is answering to charges of inciting violence after he allegedly addressed a press conference and announced the youthful opposition leader as the winner of the 30 July Presidential elections.
“If you say that what the accused did was illegal, did you do an investigation and visited the polling stations to see if the information was correct or not?” asked Mtetwa.
In response, Nyabasa said he only visited two schools Oriel Boys High and Price Edward school.
Mtetwa also said the arrest of Biti was improper because of the absence of a deportation order from Zambia.
“You deliberately violated the accused person’s right by ignoring the Zambian High court order which demanded Biti to appear before High court in Lusaka on the day you abducted him,?” said Mtetwa.
Nyabasa argued that Biti did not cross the border post into Zambia properly, claiming there was no Zimbabwean stamp on his passport.
Quizzed if Biti’s passport did not have a Zambian stamp of the day in question, Nyabasa said he had no comment.
Meanwhile, the state closed its case with its last witness Perfect Hlongani, a ZiFM reporter who confirmed that he attended the press conference in question.
Hlongwane exonerated Biti saying he only informed the media based on reports from his party’s polling agents that indicated that Chamisa was leading.
Biti has since filed an application for discharge and will return to court on the 4th of February for ruling.
