By Tarisai Machakaire
Police "overcooked" documents used to drag MDC Alliance head Tendai Biti from Zambia, where he had sought asylum, heard a court yesterday.
are greeted by Biti's lawyer, Beatrice Mtetwa who appeared together with Alec Muchadehama and Harrison Nkomo while continuing the process of former Minister of Finance.
Biti challenges the authority of the court to prosecute him.
Mtetwa proved to the district court that investigating officer, Jealous Nyabasa, had no deportation documentation authorizing Biti's rendition of
Zambia.
She also contracted Nyabasa of ignoring a court order that showed that the Supreme Court of Lusaka would hear the asylum application of Biti on 8 August.
According to Mtetwa, a preamble of the warned and warned statement made by Nyabasa on August 8, dated as though it had been issued for the Zambian order since Biti signed it only on 9 August.
"Is it true that the accused person gave you an order from the Zambian court and you kept it?" The date on the statement shows that it was registered on August 8, but Biti got that document the next day and I explained it before you deliberately (sued) to see if it was recorded before the Zambian court order was issued?
"Did the accused not write three pages that protested against his arrest and referred to that court ruling? claiming he had the right to be taken to the Lusaka court? Then why did not you ask to see the deportation certificate? "Early Mtetwa.
Nyabasa said the date was a mistake and told the court that he had not violated deportation laws because he arrested Biti on Zimbabwean soil.
said Zimbabwean Immigration officials were the ones who handed over Biti to him and said he was not bound by any Zambian law or court ruling issued outside the jurisdiction of Zimbabwe.
He then said that he had handed over a document disputing Mtetwa saying that it had been approved as a transfer document of "items", not people.
The arguments take place on August 20.
Biti claims that Zimbabwean courts do not have the authority to prosecute him on the grounds that he was "kidnapped" from the Zambian government where he sought asylum under unconstitutional means.
Prosecutor Gerald Uladi said the state had acted legally because there was an arrest warrant that the detention of Bit i allows.
He said that Biti on Zimba was arrested bwean soil by local police officers hence disputes any violations of international law. Daily news.
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