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Prosper Dembedza Herald Correspondent
Former City of Harare chief building inspector Roy Nyabvure is expected to testify as a witness in the matter where City of Harare bosses are accused of malicious damage to property after they instructed the demolition of a showroom built by George Katsimberis with a fake plan.
The accused persons in this matter are Hosiah Chidango, Isiah Chawatama, Samuel Nyabeze, Lasten Taonezvi and Pokugara Properties representative Marlone Ndebele and former Pokugara Properties general manager Michael Van Blerk.
Defence lawyer Advocate Tawanda Zhuwarara notified the court that he intends to block Nyabvure from testifying in this case after his testimony in another matter was discredited.
Advocate Zhuwarara said the determination by magistrate Mr Ngoni Nduna that Nyabvure’s testimony was not credible pushed them to file the application saying by having him testify in their case will prejudice them.
The State represented by Mr Zivavani Macharaga told magistrate Mrs Florence Chakanyuka that they have received the notice and will file their response once they received it. Mrs Chakanyuka postponed the matter to January 30 for the ruling.
The trial is coming in the wake of an acquittal of former Pokugara Properties general manager Van Blerk in a case he was accused of fraud.
Van Blerk had deposed an affidavit saying the building was built with a fraudulent plan after receiving a correspondence from the City of Harare.
But the court found him not guilty as he was following orders from the council authority.
Aggrieved by the destruction, Katsimberis filed a malicious damage to property charges against the city of Harare and Pokugara officials saying they did not have a court order.
However, the court ruled in favour of Pokugara, saying they were following an order from the council authority.
The trial for malicious damage to property will ceremoniously continue although the court had already ruled that Van Blerk’s destruction of the building were lawful.
Online Reporter