The Pokugara Court case between land developer George Katsimberis and businessman Kenneth Raydon Sharpe has been deferred to next year after the state failed to furnish defence lawyers with court papers on time.
Katsimberis is accused of furnishing Simbarashe Kadye, a representative of Pokugara Properties in Borrowdale with unapproved building plans between 15 June 2016 and 26 July 2018, an allegation that he denies.
Katsimberis who is represented by Tendai Biti had a botched agreement with the complainant Kenneth Raydon Sharpe with Katsimberis who providing finances for the development of the project.
State Prosecutor Audrey Chogumaira had told Magistrate Mrs Loice Mukunyadzi that court papers were served to Katsimberis’ lawyer Tendai Biti via WhatsApp.
“We have sent the message through WhatsApp because the State doesn’t have messengers to deliver Court summons,” said Chogumaira.
However, Biti accused the prosecutor of acting unprofessionally after the revelations by Chogumaira.
“My lord the State never delivered Court summons to me or my offices located in Milton Park and the Prosecutor is the servant of the court he/she must comply with the Court and Mr Zinyandu never phoned me and I never talked to him and I am not a WhatsApp person, I have thousands of un attended messages, for Court business I write letters I don’t do business on WhatsApp. The conduct of the Prosecutor is not professional my lady,” said Biti.
According to procedure an accused person must be furnished with court papers three days before the trial kicks off, but the State, represented by Ms Chogumaira, tried to convince the court to proceed with the trial despite failure to comply with the rules.
Magistrate Mukunyadzi ordered the State to furnish all necessary documentation to the defence team.
“Prosecutor, how do you normally do your daily work when you say State doesn’t have messengers to deliver Court summons to the accused persons? The state should avail the papers to the accused.
“Do we all agree with that? and the State shall provide the following documents before the Court, The Deed of Settlement dated 28th May 2019, The letter from City of Harare dated 31st of May 2019 to Chinawa law chambers, Letter from City of Harare dated 26th of June 2019, Letter from Chinawa law chambers dated 12th June 2919, Letter from Chinawa law chambers dated 14th June 2019,” said the Magistrate.
The documents they requested were a Deed of Settlement and a number of letters exchanged between City of Harare and Pokugara Properties’ lawyers.
Biti accused the prosecutor of being complicit in the matter after alleging that she spent more than two hours locked up with the complainant.
“My lady, my learned friend just disappeared for 2 hours holding up in the office who are Tatiana Aleshina, Michael Van Blerk and Simbarashe Kadye. Tatiana Aleshina is not a state witness but a land baron who’s is being led by Kern Sharpe the principal land baron,” said Biti.
It was after the court appearance that Aleshina approached Biti over remarks that he had made in court. She threatened to report Biti to Ken Sharpe for mentioning her name in court and an exchange of words between the two ensued with Aleshina filing a police report alleging that Biti had assaulted her.
Magistrate Mukunyadzi set January 11, 2021 as the trial date.
