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Prosper Dembedza
Court Correspondent
Harare regional magistrate Mrs Letwin Rwodzi has dismissed an application by controversial builder, Geogios Katsimberis, to have his matter referred to the Constitutional Court saying it was frivolous and vexatious.
Katsimberis is accused of duping Pokugara Properties (Pvt) Limited of close to US$1 million in a joint venture to build cluster houses in Harare’s Borrowdale suburb.
In her ruling, Mrs Rwodzi said if a constitutional matter arises, a magistrate dealing with the matter is entitled to refer the matter the Constitutional Court unless the court finds it frivolous or vexatious.
“It is clear that applicant has not come up with a constitutional question to be referred to the Constitutional Court,” she said.
Mrs Rwodzi said Katsimberis’ lawyer, Mr Tendai Biti, submitted that the two previous prosecutors who were handling the matter were biased and likely to infringe on Katsimberis rights to a free trial.
However, she ruled that the two said prosecutors have since been removed from handling the matter and it can now be dealt with by senior prosecutor, Mr Michael Reza, therefore that reason has fallen away. “The applicant has not come up with any constitutional question that requires the matter to be referred to the Constitutional Court, therefore the application is hereby dismissed,” she said.
Biti said he intends to apply against the dismissal of their application to the Constitutional Court. The matter was referred to June 18. On the last hearing, the court heard that Katsimberis only decided to make a counter report against council officials and West Properties’ employees two months after his pending fraud case had already been reported to police in an attempt to create confusion and a smokescreen.
This was said by Mr Reza while opposing Katsimberis’ application to have the matter referred to the Constitutional Court.
Through Mr Biti, Katsimberis said his application was based on two grounds; one of equal protection of the law and the right to fair hearing. Mr Biti said the previous prosecutor who was handling the matter was biased, therefore his client’s right to a fair trial was being infringed. The State led by Mr Reza and Tafara Chirambira opposed Mr Biti’s application saying the application was frivolous.
The prosecutors said the application was improperly made, hence there was no need for the matter to be referred to the Constitutional Court. “This application is more like a defence. Only when a constitutional question has been raised can a matter be referred to the apex court and here, there is no such question,” said Mr Chirambira.
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