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Crime Reporter
THE trial date for the legal clerk with Tendai Biti Law Chambers, Constantine Chaza who is facing two fresh counts of fraud has been set for today were the complainant, Mr Tendai Mashamhanda will testify.
Chaza briefly appeared before Harare magistrate Mrs Munashe Chibanda yesterday where his lawyer indicated that he had a tight schedule this week and wanted the matter to be postponed to next Wednesday for the trial to commence.
Mr Tendai Mashamhanda, who was also present during the proceedings was however ready to testify against Chaza. These developments also come after last week, Mrs Munashe Chibanda had dismissed an application by Chaza to have aspects of his prosecution referred to the Constitutional Court on the grounds that the application was frivolous and vexatious.
In his application, Chaza submitted that some of his rights were violated.
Prosecutor Mrs Shambadzeni Fungura had opposed the application claiming that Chaza was in the habit of forging documents and videos.
“The accused’s application for referral to the apex court is frivolous and vexatious and there is nothing stopping the witness from coming to court. Therefore, the application is dismissed,” ruled the magistrate.
After the ruling, Mrs Fungura said she was ready for trial but Chaza’s lawyer asked the court to postpone the trial and Mrs Fungura was willing to grant a one-week delay, to Tuesday, September 20.
Chaza, who was once working for Mr Tendai Biti, is facing two new counts of fraud.
On the first count, it is alleged that on February 26, 2020 at the High Court in Harare, Chaza tendered a fake special power of attorney from Mr Eliot Rogers in a matter in which Mr Tendai Mashamhanda, was the other party.
The court acted upon the misrepresentation and allowed Chaza to file the papers. But Mr Mashamhanda managed to contact Mr Rogers in the United Kingdom, who denied giving Chaza any power of attorney and the matter was reported to the police.
The special power of attorney tendered by Chaza was then checked out by CID Forensic Laboratory for analysis, together with other documents that Mr Rogers signed, and it was allegedly discovered that the documents were not signed by the same person.
On the second count, it is alleged that on October 18 2021 at the High Court in Harare, Chaza again allegedly tendered a fake special power of attorney from Mr Rogers in another case.
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