WestProperties land papers above board — State

THE State has accused opposition lawmaker Tendai Biti of targeting local businesswoman Tatiana Aleshine for verbal abuse because she is the face of a rival land developer, West Properties, which is involved in another legal fight with his client George Katsimberis. The case's prosecutor, Deputy Prosecutor-General Michael Reza, also stated in court that Biti despises Aleshina because her company's housing developments have made Zimbabwe a popular place for investors to settle. Reza made this statement during Biti's cross-examination in the 2020 Harare Magistrates Court case in which Biti is charged with verbally abusing Aleshina. Aleshina was allegedly verbally attacked by Biti, a lawyer, while she was leaving a court session involving Aleshina's company and George Katsimberis. Reza told Biti that Aleshina's businesses are more successful than his client Katsimberis, which is why he despises Aleshina. Biti countered that his client was wealthier than the complainant's company. "You personally despise her since you are aware that all of their land documents are legitimate. Reza stated, "You despise her because your clients have lost all of their cases in the magistrates court, including criminal cases against West Properties in the superior court." However, Biti refuted the accusation, claiming that as a prominent member of the Anglican church, hatred of others is forbidden by his faith. Reza's assistant Tafara Chirambira accused Biti of postponing the case's prosecution by filing many court filings. Biti said that the crime of assault by gesture had been eliminated by the Criminal Law (Codification and Reform) Act, therefore Chirambira criticized Biti for his definition of verbal assault. However, after Chirambira pointed out that Section 89(1)(b) of the Criminal Law (Codification and Reform) Act criminalizes threats, whether made verbally or physically, to assault another person with the intention of inspiring, or realizing that there is a real risk or possibility of inspiring, in the mind of the person threatened a reasonable fear or belief that force will be used against him or her, he did not explain how he wanted the court to reach such a decision. The defense trial was continued, therefore the case was moved to January 19. Reza informed the court during the prior session that Biti had organized Aleshina's attack because he was resentful of Aleshina's defeat in a significant High Court case that day.