HARARE – Citizens Coalition for Change co-president and lawyer Tendai Biti, convicted recently over verbal assault on a Russian businesswoman, has filed an appeal at the High Court challenging the court verdict.

The prominent politician insists his rights were violated through being subjected to prosecution over a non-physical assault.

He wants his argument referred to the Constitutional Court for validation.

Biti was fined US$300 over the offence which he never disputed but felt was not a criminal one.

In his notice of appeal, Biti said the lower court erred by convicting him over an invalid offence.

“The court aqua grossly misdirected itself in convicting the appellant on a charge which was invalid …more particularly in that a charge of assault by word or gesture had been outlawed by section 88 of the Criminal Law Codification and Reform Act,” said the politician in his appeal.

Biti argues the section relied upon by the State was “too wide, vague and unclear impressive language and there being no limits to what words or gestures are prohibited so as to constitute an offense”.

He wants the lower court’s decision set aside.

“Alternatively, the matter is referred to the Constitutional Court for determination on whether his rights in terms of the Constitution have been violated,” reads the application.

The 56-year-old former finance minister was given a wholly suspended six-month prison sentence and also ordered to pay a US$300 fine by Harare magistrate Vongai Muchuchuti.

This followed his trial for calling Tatiana Aleshina “stupid” while leaving court in November 2020.

Aleshina, a Russian national, had stood up from the public gallery to object to Biti’s line of argument in a criminal matter involving her boss and brother-in-law Ken Sharpe, himself a controversial property investor.

Before sentencing, Muchuchuti said Biti should have controlled his emotions especially because he was confronting a layman.

Muchuchuti blamed Biti for the delays in the trial after he launched various appeals.

The magistrate also said she was convinced that Biti will do it again, dismissing his apology read by his lawyer as “not sincere” but a statement merely put out for mitigation.