Staff Reporter
The Pokugara land saga has deepened, following land developer George Katsimberis’ filing of an application with the Constitutional Court seeking dismissal of his court case from the Harare Magistrates Court.
Katsimberis is facing fraud charges arising from allegations that during the period between June 2016 and July 2018 defrauded Pokugara Properties by furnishing the company with fake architectural housing plans despite having them approved by the City of Harare.
In an affidavit in support of application of reference of the matter to the ConCourt, Katsimberis argues that he cannot be an accused person and witness in a case with the same set of facts.
“Kenneth Raydon Sharpe and his associates made a false allegation, in their opposing affidavit, that I had constructed the show house without valid architectural plans approved by the City of Harare and that in any event I had used inferior material in the construction of the show house. The allegation by Kenneth Raydon Sharpe and his associates was clearly false and was perjury.
“Disturbed by this perjury, I made a report to the Zimbabwe Republic Police resulting in the arrest of Kenneth Raydon Sharpe’s associates that include Michael John Van Blerk, Hosiah Chisango the Town clerk of the City of Harare itself. The above are now being prosecuted in the Harare Magistrate’s Court,” argued Katsimberis.
He added:
“However, and to my shock and surprise, in or around June 2020, under Case No. CR303/06/2020 and CRB 2744 I was charged with fraud as defined in Section 136 of the Criminal Code…, the allegation being that I fraudulently misrepresented to Pokugara Properties that I had approved architectural plans when in fact I did not.
“Thus on the same facts, I now find myself in a position where I am a complaint on one hand and a witness in the case against Michael John Van Blerk. How does an individual become a witness and an accused person on the same set of facts.
“The above constitute an infringement of my right to equal protection and benefit of the law as defined by Section 56 (1) of the Constitution as well as my right to a fair trial codified and protected by Section 69 (1) of the Constitution of Zimbabwe. It is my contention that I cannot stand trial in a matter in which I am an accused and also a witness.”
Katsimberis, through a letter of complaint against the proceedings, twice wrote to the Regional Prosecutor without response. He then wrote to the Special Anti-Corruption Unit (SACU) who he said responded professionally.