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Prosper Dembedza
Herald Correspondent
Two Harare men facing allegations of erecting an illegal billboard in Borrowdale, Harare, with defamatory messages against a property development company last week filed an application for refusal of further remand.
Grant Russel and Mark Strathen, who are facing criminal nuisance charges, earlier this month notified the court that they wanted to make an application for refusal of further remand.
The State led by Mrs Shambadzeni Fungura requested that the pair put their application in writing after the two challenged a High Court order to proceed to trial in their matter after they unsuccessfully sought to have their charges quashed.
They had first filed application for exception, that is quashing of the charges, at the Magistrates’ Court arguing that the charges were defective and must be quashed.
But Harare Magistrate Mr Shane Kubonera dismissed the application saying the issues raised were triable.
They then approached the High Court for review but that court again ordered them to proceed to trial and to defend themselves.
It is the State’s case that on December 10 2020 at around 2pm near Celebration Church, the two erected a billboard along Borrowdale Road with defamatory information against West Properties in a bid to tarnish the company’s image.
It is alleged that Russell and Strathen caused false alarm to the public through the information which was written on the billboard.
The State alleges that the billboard erected by the two had contents which were likely to interfere with the ordinary comfort or convenience of the complainant’s clients.
The complainant made a report to the police leading to the pair’s arrest on the charges of public nuisance.
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