Harare businessman, Georgios Katsimberis who is both an accused person and a witness in a matter emanating from a botched joint venture agreement with West properties proprietor Kenneth Raydon Sharpe has raised concern over the conduct of the state prosecutors handling his case.
Katsimberis first reported Pokugara Properties and City of Harare officials for malicious damage to property after they without a court order, connived to destroy a show house he had built at corner Whitwell and Teviotdale road in Borrowdale. He further reported them for perjury after they lied under oath that he did not have approved building plans.
But in a shocking twist of events, Pokugara also reported him for fraud claiming that he used substandard material to build the show house, charges he has flatly rejected.
However, in June, Katsimberis sought referral of his case to the Constitutional Court arguing that he cannot be an accused and witness under the same set of facts but Magi Harare strate Letwin Rwodzi dismissed the application.
In his answering affidavit before the High Court in which he is seeking a review of judgement made by Rwodzi, Katsimberis says prosecutors Michael Reza and Tafara Chirambira are hired guns for Pokugara Properties.
“Firstly, Mr. Tafara Chirambira has no knowledge of the facts and of the dispute between myself, Michael Van Blerk, Pokugara and Kenneth Raydon Sharpe. Yet he swears this affidavit as if he is aware of the facts and is in fact an official of Pokugara Properties.
“This renders probative value to my second complaint which justified the reference of the instant matter to the Constitutional Court. This is the conduct of the prosecution. The prosecutors (particularly Michael Reza) are hired guns for Tatiana Aleshina, Kenneth Raydon Sharpe, Augur Investments OU and Pokugara properties. They have in fact been captured by the same they have lost all kinds of neutrality and objectivity,” said Katsimberis
In his opposing affidavit Chirambira had deposed that Katsimberis did not submit architectural plans to the City of Harare.
“The applicant (Katsimberis) did not submit the plans for approval to City of Harare. He indeed constructed show house but he did the construction using substandard materials and using an unapproved plan. As indicated above applicant does not have approved plans.
“The people he caused to be arrested did not perjure themselves as what they said was the truth. The narration of events by the applicant is not true. Pokugara properties were first to report the applicant to the police. Two months after the report, the applicant then counter reported to the police. For some reasons unknown, the police brought applicant’s docket against Pokugara to court first even though his report had been received last,” Chirambira said.
Documents in possession of 263Chat indicate that Katsimberis first reported Pokugara Properties and its officials as well as the City of Harare and its officials in May 2019 before a counter report by Pokugara Properties in June 2019.
