The National Prosecuting Authority failed to comply with a directive from the Special Anti-Corruption Unit (SACU) pertaining to a court case at the Harare Magistrates Court where land developer George Katsimberis is a witness and an accused on the same set of facts.
In a letter gleaned by 263Chat and dated February 24, 2021 and addressed to the Prosecutor General, SACU said it was concerned with the developments.
“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 this case are now witnesses in a case against him.
“Corruption related cases should be handled in a well-coordinated manner and a witness who is about 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.
“In these two cases that are referred therein above the state appears to allege a particular fact on one hand and also alleging the opposite and charge its own witness. The effort of combating corruption can be put in jeopardy if cases are handled this way,” reads part of the letter.
SACU was of the view that concerned parties should ensure that justice is served in the matter.
“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 saved in this case. SACU is of the view that a case which was reported first must be completed without threatening a witness with criminal charges on the same facts,” said SACU.
Katsimberis reported a case of malicious damage to property after his then business partner in a botched land deal, Kenneth Raydon Sharpe together with official from the City of Harare destroyed a show house that he had constructed at Pokugara Estate.
Sharpe through his henchman Michael Van Blerk and the City of Harare lied under oath in affidavits submitted at the High Court saying Katsimberis had no approved council plans despite him having the correct documents.
Katsimberis reported them for perjury and the matter is before the courts.
In a move to counter Katsimberis’ police report Sharpe levelled fraud charges against Katsimberis alleging that he ‘fraudulently misrepresented to Pokugara Properties that he had approved plans when in fact he did not’.
This prompted Katsimberis to approach the NPA and did not respond to his letters leading him to approach SACU.
Katsimberis through his lawyer Tendai Biti went on to make an application seeking referral of the matter to the Constitutional Court but was however, dismissed by Harare Magistrate Letwin Rwodzi.
