Rédaction Africa Links 24 with Zimeye
Published on 2024-02-27 15:50:59
Biti Escapes Jail, Fined US$300
Tendai Biti, the rotational President of the opposition CCC, has managed to escape jail time but was fined US$300 by Harare Magistrate Mrs Vongai Guwuriro. This decision came after Biti was found guilty of assaulting businesswoman and investor Mrs Tatiana Aleshina at the Harare Magistrates Court in 2020. The magistrate’s ruling required Biti to pay the fine immediately or face six months in prison, with the six months being suspended on the condition that he does not commit a similar offence within the next five years.
During the court proceedings, Mrs Guwuriro highlighted that Biti was not a first-time offender, as he had previously been convicted for contravening the electoral act. She emphasized that there was no premeditation to the commission of the assault and that Biti, being a legal practitioner, should have been able to manage his emotions better. The magistrate also pointed out that as a former honourable Member of Parliament, Biti’s behavior was expected to be of a higher standard, and his actions in court were deemed as an abuse of the system.
While acknowledging the impact of the assault on the complainant, the magistrate deemed a custodial sentence as too harsh, stating that community service should be reserved for more serious offences. In considering mitigation factors, Biti’s lawyer highlighted that the accused is a 56-year-old married man with five children, three of whom are attending tertiary education. It was also mentioned that Biti takes care of his widowed mother and resides with her.
On the other hand, the State argued that a fine was too trivial for the case and that Biti, being a person of means, may not be effectively punished with just a monetary penalty. The State Advocate emphasized that the court should not be swayed by political influences or media reports.
Overall, the magistrate found that the mitigation factors presented by Biti’s defense outweighed the aggravating factors from the State. While the impact of the assault on the complainant was acknowledged, a fine was deemed to be a sufficient punishment in this case. The magistrate emphasized that more was expected from Biti given his status in society and that a custodial sentence or community service would be too harsh.
In conclusion, the verdict of a US$300 fine for Tendai Biti’s assault case serves as a reminder that individuals in positions of power are held to a higher standard of behavior and are expected to manage their emotions and actions accordingly.
Read the original article on The Zimbabwe Eye
