By Staff Reporter
The main accused person in a case, in which controversial land baron Kenneth Raydon Sharpe and his Pokugara Properties company, as well as suspended Harare City Council town clerk Hosiah Chisango are being charged for malicious destruction of a Borrowdale property, Michael John Van Blerk recently could not stand for trial.
This is the second such incidence as Van Blerk is reportedly unwell, a Harare magistrate heard.
According to court papers seen by this publication, sometime between July 2018 and October 2018, at lot 9 of 21 on concolidated number 19559 of 19828 on Harare Township corner Teviotdale and Whitwell in Borrowdale, Michael Van Blerk, Mandla Marlone Ndebele, Hosiah Chisango, Isiah Zvenyika Chawatama, Samuel Nyabezi, Lasten Taonezvi and Ken Sharpe , who is still at large destroyed a show house constructed by Katsimberis, one or more of them, knowing that Georgios Katsimberis is entitled to own, possess or control any property or realizing that there was a real risk or possibility that another person may be so entitled, damaged or destroyed the property intending to cause such damage or destruction,” reads the summons.
Alternatively, Chisango, Chawatama, Nyabezi and Taonezvi face criminal abuse of office charges for falsely claiming that there were no approved plans. Katsimberis maintains that he holds evidence that proves otherwise. Chisango in his capacity and also representing City of Harare.
The accused allegedly acted in common purpose and demolished Georgios Katsimberis’ Show house which had an approved plan without advising the complainant.
Appearing before Harare magistrate Estere Chivasa , defence lawyer Advocate Chidyausiku pleaded with the court for postponement of trial to the 17th of June 2021.
“For today’s proceedings we have a difficulty in that the first accused (Van Blerk) is not feeling well even your brother magistrate (Stanford Mambanje) last week witnessed the same scenario; it has necessitated that for the purposes of today’s proceedings Pokugara Properties be represented by Mr Michael John Van Blerk is in the parking lot of this honorable court, he is present in the court premise. He is unable to move, stand and navigate the stairs and appear before you.” said Advocate Chidyausiku
Presenting a Medical affidavit from Van Blerk’s personal doctor, Dr. Fiona Campbell, Advocate Chidyausiku said since last week Mr Van Blerk was suffering from catatonic seizure, a condition which he said is temporary.
“I have inquired with the Doctor in respect of this condition, it is not permanent, I therefore pray that this matter be postponed for the purposes of request of the first accused to obtain medical attention and to that effect be in a state where he can appear before you and properly represent the second accused (Pokugara Properties) and also answer to the charge with others here present,” he said.
The state represented by Zivanai Macharaga requested that the accused be examined by a State medical officer from two of Harare’s health institutions (Parirenyatwa or Harare Central Hospital) since Dr. Campbell was a personal medical doctor for Van Blerk.
The state prosecutor and defence lawyers failed to led the Magistrate to the parking lot to ascertain Van Blerk’s physical state where he was reportedly ill covered in a grey blanket.
Magistrate Chivasa remanded Ken Sharpe, Van Blerk, Ndebele, Chisango , Tonezvi , Chawatama and Nyabezi to June 17, 2021 for trial pending reports from the medical team for Van Blerk from a state medical doctor.
Katsimberis had built the show house as part of a joint venture with Kenneth Raydon Sharpe owner of Pokugara Properties who remains at large.
Michael John Van Blerk, Mandla Marlon Ndebele and Ken Sharpe who is still at large and believed to be in Maritius are also in trouble for failing or refusing to disclose that the stand in question was built with approved plans and for failing to caution Katsimberis of the demolition before undertaking such a drastic measure.