Court

Prosecuting Authority ignored SACU’s Advice On Witness-Cum-Accused Case

 

BY Court Reporter

In a conflicting court case, the National Prosecuting Authority (NPA) has disregarded the advice supplied by the Special Anti-Corruption Unit in the office of the President (SACU) in a matter in which George Katsimberis as a state witness emerged an accused yet on the same facts.

Court papers seen by Spotlight Online News Africa indicate that Katsimberis launched a case against Kenneth Raydon Sharpe and City of Harare for a malicious damage of property.

The court papers further reveals that Kenneth Raydon Sharpe, a Ukraine based businessman connived with officials from City of Harare to demolish a showhouse in Borrowdale belonging to George Katsimberis .

All the respondents went ahead to destroy the show house despite Katsimberis having all the architectural designs approved by the City of Harare.

Sharpe who is still at large in a number of court cases together with his accomplices lied under oath when they submitted affidavits to the High Court alleging that Katsimberis did not have approved plans for the show house.

This however forced Katsimberis to seek legal attention to the matter where he reported them for perjury.

Since then, the legal matter is still pending at the Harare Magistrates Court.

More over, Kenneth Raydon Sharpe’s motives attempted to confuse the courts, in June 2020 by reporting Katsimberis to the police for fraud charges.

Part of the court documents which they filed were indicating the following:

“fraudulently misrepresented to Pokugara Properties that he had approved architectural plans, when in fact he did not.”

“Thus on the same set of facts, our client, who was a complainant and a witness in the case against Michael John Van Blerk and others, now find himself as an accused person on the same facts.

“We contend that the above, is unconstitutional and absolute mala fides and bad faith on the part of the National Prosecuting Authority

“Since our client is a witness to the case brought by the Anti-Corruption Unit, in the President’s office, we kindly request your intervention,” reads part of the letter written by Katsimberis’ lawyer Tendai Biti.

Upon learning of the conflicting matter, SACU wrote a letter early this year to the Prosecutor General showing concern on the matter. The major concern was that, a witness lined up to testify on behalf of the state was being charged on the same facts with the accused person in the first case becoming a witness against him.

“SACU is deeply concerned that a witness who is lined up to testify on behalf of the state, that is George Katsimberis is now being charged on the same facts and the accused persons in his case are now witnesses in a case against him.

“In these two cases that are referred herein above the state appears to allege a particular fact on one hand and also alleging the opposite and charge its own witness. The efforts of combating corruption can be put in jeopardy if cases are handled in this way,” SACU said.

Armed with SACU advise and letters from Katsimberis, the NPA has decided to proceed with the two cases in what puts question marks on the country’s justice delivery system.

Tendai Guvamombe