MDC Alliance principal, Tendai Biti insists that Nelson Chamisa won the disputed 2018 Presidential elections and maintains that he did not commit any offence by announcing the election results to the effect that Chamisa had won.
He argued that it was factual information from results displayed at polling stations.
This was revealed on Wednesday in Biti’s trial which is proceeding before Harare Magistrate Gloria Takundwa. During cross examination, Biti through his lawyers, Beatrice Mtetwa and Alec Muchadehama quizzed the Zimbabwe Electoral Commission (ZEC) official testifying, Silaygwana Utiole on why the commission had failed to bring V11 forms forward to prove Biti wrong.
Biti went on to reiterate that he had not lied as ZEC had failed to even produce the evidence before the Constitutional Court(Concourt) to prove otherwise.
He said this shows the failure by the judicial system to remain impartial when dealing with matters involving the opposition.
In his response, Silaygwana said ZEC had never bothered to bring forward the evidence before the court because it was not ZEC’s petition but rather of the opposition hence it was the MDC Alliance’s job to bring forward any evidence to prove their case.
When asked the same question, Nyabasa Jealous a CID police officer with the anti-corruption unit alsi said it was not relevant to conduct the investigations.
Biti was arrested at the Zambian border post after he tried to cross into the neighbouring country seeking asylum claiming he was running away from persecution by the State security.
He is out on $5 000 bail.
Biti is also facing charges of contravening Section 66 (a)(1) of the Electoral Act Chapter 2:13, which prohibits the unofficial or false declaration of election results.
He is alleged to have unlawfully declared opposition party leader Chamisa as the winner of the presidential elections on July 30.
The trial continues.