HARARE – MDC national deputy chairperson Tendai Biti’s application to have his passport returned to him failed on Thursday after a court ruled that he is likely to flee if allowed to leave the country.

Harare magistrate Francis Mahwe ruled that altering his bail conditions, even temporarily, was not in the interests of justice.

He said his foiled escape after the Presidential Elections in early August was a clear indication that he would flee.

“It’s barely two months after the accused’s arrest and he’s already seeking release of his passport back. This court is of the view that it is a risky decision and as such the court will value its set bail conditions,” he said.

“The accused allegedly immensely caused disturbances (on August 1) hence he tried to escape to Zambia.

“The reason why the court ordered that he surrenders his passport was to make sure that he attends court and the application is therefore dismissed.”

Biti had requested for temporary release of his passport until October 23 so that he could go for counselling at a South African mental health facility which invited him for post-trauma therapy services.

He also told court that he was chosen to attend a lawyers’ meeting in Tunisia.

Biti said events which unfolded when he tried to escape and seek asylum in Zambia had left him traumatised.

Biti is accused of contravening the Electoral Act after he purportedly announced that MDC leader Nelson Chamisa won the 2018 presidential elections.

Prosecutors also accuse him of inciting violence after he allegedly urged party supporters to demand immediate release of results and to go into the streets and demonstrate.

He denies the charges.

In August, he tried to flee to Zambia when the police were hunting him down over the alleged offences.

However, Zambia could not protect him and he was deported back to Zimbabwe before he was hauled before the courts.

He claims that he was abducted from Zambian authorities by Zimbabwean soldiers who also terrorised his lawyer along the way back home.

Biti has challenged the lawfulness of his arrest at the High Court.

He argues that local courts have no right to prosecute him adding that he was unlawfully taken after a court order for him to appear before a Zambian court was issued.

Biti is being represented by rights lawyer Harrison Nkomo, who is being assisted by a number of lawyers.