daniel chigunwe
Court Reporter
The trial of Harare City Council bosses and Pokugara Properties on allegations of malicious damage to property continued yesterday with the complainant George Katsimberis giving testimony.
Katsimberis last week escaped jail by a whisker for being in contempt of court after demanding a Greek interpreter during his fraud case before his lawyer apologised on his behalf.
Despite last week’s apology, before Harare Magistrate Mrs Vongai Muchuchuti, Katsimberis yesterday also testified again using Greek language pretending not to comprehend English language.
He was quickly asked to order by magistrate Florence Chakanyuka.
After being warned by the magistrate, Katsimberis began testifying fluently in English language for almost two hours.
Accused persons in this matter are Michael Van Blerk of Pokugara Properties, Zvenyika Chawatama, Mandla Marlone Ndebele, Samuel Nyabezi and Lasten Taonezvi.
They are being represented by advocate Tawanda Zhuwarara and Charles Kwaramba.
They are accused of destroying a showroom which was built by Katsimberis in Borrowdale after he signed an joint venture agreement with Pokugara to build cluster houses.
The City of Harare destroyed the showroom on the grounds that there was no approved plan to build the structure.
In his testimony Katsimberis narrated how he entered into that agreement and the contents of the agreement.
Advocate Zhuwarara objected to Katsimberis arguing that he was submitting irrelevant evidence which is in violation of the criminal procedure and evidence act.
After arguments by Zhuwarara and prosecutor Zivanai Macharaga, the court upheld the objection by Zhuwarara and the prosecutor was ordered to lead relevant evidence.
Katsimberis told the court that he obtained the permit and approved plans from the City of Harare on behalf of Pokugara Properties, but the City of Harare had rejected the existence of any such building plans having approval and being lawfully obtained.
Allegations are that, sometime between July 2018 and October 2018, at lot 9 of 21 on consolidated number 19559 of 19828 on Harare Township corner Teviotdale and Whitwell in Borrowdale, the accused persons destroyed the showroom built by Katsimberis without a court order.
Katsimberis alleged that the accused acted in common purpose and demolished Katsimberis’ show house, which had an approved plan without advising the complainant.
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