happiness Chikwanha
Prosper Dembedza
Herald Correspondent
The High Court has dismissed George Katsimberis’ application for a former prosecutor who is now the Zimbabwe Anti-Corruption Commission chairperson, Mr Michael Reza, to testify in a case in which he is accused of fraud.
Katsimberis cited presiding magistrate Ms Vongai Guwuriro and the National Prosecuting Authority as respondents.
The property developer, through his lawyer Tino Chinyoka, filed an application for review of Ms Guwuriro’s ruling that said Mr Reza was not compelled to testify.
High Court Judge, Justice Munamato Mutevedzi also dismissed the application.
According to court papers, Katsimberis felt aggrieved by the conduct of the NPA after they refused to give him some State papers.
Katsimberis also accused Ms Guwuriro of refusing to make Mr Reza get on the stand as a witness.
However, the NPA responded to Katsimberis’ application saying calling a prosecutor to the witness stand to explain allegations levelled against him amounts to placing him on trial to defend himself against the applicants’ accusations.
The NPA further argued that Katsimberis’ application was designed to delay trial proceedings on the fraud allegations he is facing.
“It would be a catastrophe if a prosecutor was to be compelled to testify in the same trial that he or she is handling, on the basis of what he or she saw or did in court in the course of his or her duties. In fact, that would render the court proceedings a complete circus,” Justice Mutevedzi ruled.
“The court, in assessing the factors at play, has the following questions. Who will be representing the State and will embark on cross examination of the prosecutor if he is to take to the witness stand in a matter in which he is representing the State?
“Does it mean the defence counsel will be directing these proceedings during the period the State is handicapped?” asked Justice Mutevedzi.
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