Property developer George Katsimberis who is seeking recusal of Prosecutor Michael Reza in his alleged fraud case says the latter did not respond to issues raised in the application for recusal.
Through his lawyer Tinomudaishe Chinyoka, Katsimberis alleges that Reza is biased against him given the relationship that he has with Kenneth Raydon Sharpe aide Tatiana Aleshina who is the complainant in the matter.
Reza is accused of causing the arrest of Roy Nyabvure a key State witness in another case involving Pokugara Properties and the same witness is also expected to testify in Katsimberis’ case.
He is accused of writing a letter to the police on October 14, 2022 alleging that Nyabvure a former Harare City Council chief building inspector was no longer needed to testify in the case involving Katsimberis.
“In the words of Shakespeare, (Reza’s) response is like a tale, told by a not-so-wise person, full of sound and fury, signifying nothing,” Chinyoka argued.
Chinyoka said by allegedly assisting the police in arresting Nyabvure, Reza had contravened section 69 of the constitution, which guarantees right to a fair and public trial.
Chinyoka said the court must direct Reza to make his rebuttal under oath, which will lead to cross examination.
“The unrebutted allegations, which must be taken as admitted are that Michael Reza is the one that told the police where to arrest Roy Nyabvure, contrary to the claims in his letter of 14 October 2022, he knew that Roy Nyabvure was a state witness and he knew exactly when Roy Nyabvure was coming to court. In so doing, he committed acts that are criminal in nature and a report has been made to the police. These allegations are clear from the application. They are not denied.” Chinyoka said
Reza refused to recuse himself arguing that Katsimberis was bullying other prosecutors and he was the only court officer who could handle the businessman.
