Harare businessman George Katsimberis has written to the National Prosecuting Authority (NPA) seeking withdrawal of charges in which he is alleged to have defrauded businessman Kenneth Raydon Sharpe.
Katsimberis says the controversial land baron is trying to complicate and disrupt the smooth flow of the justice system.
Through his lawyer, Tendai Biti, Katsimberis said charges against him were filed months after he had reported Sharpe and his accomplices who include the now suspended City of Harare Town Clerk Hosiah Abraham Chisango for malicious damage to property and perjury.
In both cases (malicious damage to property and perjury) he is a key witness and believes it is an infringement of his rights to protection by the law, testifying and standing accused on the same set of facts.
“We write to you at the instance of our client Mr George Katsimberis who is facing criminal charges with the above reference number in the regional court. Mr Katsimberis, trial, is supposed to commence on 15 April 2021. We confirm that we have made several complaints against the Regional Prosecutor. The complaints on behalf of our client have been the following;
“That in any event, our client is facing charges, in a matter in respect of which in the very same court he is the key State Witness in charges by the State against witnesses in his own criminal proceedings namely, Michael Van Blerk, Pokugara Properties and others,” said Biti.
“In view of the above it will clearly be unconstitutional and in breach of our right to equal protection and benefit of the law and our client’s right to fairness, if our client were to face criminal proceedings,” the letter read.
Katsimberis has previously raised the same complaint with the Special Anti-Corruption Unit in the office of the President (SACU) who promised to look into the issue.
“SACU, therefore by copy of this letter advises your esteemed office and all the concerned parties to take note and consider how best justice can be served in this case. SACU is of the view that the case which was reported first must be completed without threatening a witness with criminal charges on the same facts.
“It should be noted that these two cases relate to the same approved plan for the same stand. It should be made clear as well that George Katsimberis was the first to report and Pokugara Properties and Michael John Van Blerk were the first to be charged and after that a witness and complainant George Katsimberis was charged for the same facts before he took his stand on the witness stand,” said SACU head Thabani Mpofu.
He further urged the Prosecutor General to deal with corruption cases in a coordinated manner to avoid putting a witness in a situation where he feels as if he is being punished for testifying against Sharpe.
“Corruption related cases should be handled in a well-coordinated manner and a witness who is about to stand to testify in a case should not be made to be put in a situation which appear like he is being charged or punished for testifying against certain individuals,” added Mpofu.
