HARARE – MDC Alliance senior leader Tendai Biti will stand trial for incitement of violence and announcing unofficial results after a magistrate ruled Friday that his arrest was lawful, and the court had jurisdiction over the matter.

Biti, through his lawyer Beatrice Mtetwa, argued that he had been abducted from Zambia where he was due to appear before a court, in breach of international law, and then deported back to Zimbabwe where he was placed under arrest.

He wanted his trial proceedings stayed on the basis that his arrest was unlawful, and that the Harare Magistrates’ Court

Magistrate Francis Mapfumo, delivering his judgment, said sufficient evidence had not been presented to warrant a stay of execution.

“The accused (Biti) was handed to the police by immigration officers so in this case the police did not violate the law,” he said. “There was no violation of international law.

“What the accused uttered in announcing that MDC leader was the winner was indeed a violation of the law. No evidence was shown in the court to indicate that even the relatives were harassed and reported the case anywhere.

“The court finds that there is no basis to permanently stay this case and his application therefore has no basis.”

In his evidence-in-chief led by Mtetwa, Biti said he had skipped the country for his own safety and claimed asylum in Zambia. His mother, brother and nephew were harassed by unidentified men who went to his mother’s house looking for him, the court heard.

He claimed that gunshots were fired at his brother when he was on his way to Bindura in the company of his minor children.

Biti said on August 2, there was an attempt on his life by unidentified people driving unmarked vehicles.

The prosecutor Justin Uladi said Biti was running away from his criminal charges and labelled him a fugitive.

After the dismissal of his application, Biti, through his counsel, said he was going to take the matter to the High Court.

Biti also applied for relaxation of bail conditions.

“The accused is applying for variation of bail conditions,” said Mtetwa. “He was ordered to report twice a day, which is quite hectic, therefore, he is applying for cancellation of the conditions as they don’t serve any purpose.

“The basis are grossly unreasonable. The other issue is the accused appeared in court on August 9, and has been reporting religiously showing that he can abide by court orders.

“There are already adequate measures of security considering he paid $5,000, surrendered passport and title deeds.”

Mapfumo scrapped the condition that Biti is not supposed to interfere with State witnesses and reduced his reporting frequency to once every Friday instead of twice every day to the police.

Biti is also facing charges of contravening Section 66A (1) of the Electoral Amendment Act Chapter 2:13, which prohibits the unofficial or false declaration of election results.

He is alleged to have unlawfully declared MDC Alliance leader Nelson Chamisa as the winner of the presidential elections on July 30.

The law states that only the Zimbabwe Electoral Commission (ZEC) is empowered to declare the winner of an election.

The prosecution said they would be ready for trial “very soon”.