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Prosper Dembedza
Court Correspondent
The fraud trial of George Katsimberis will continue on August 3 with his lawyer advocate Lewis Uriri expected to continue with their application for referral of the matter to the Apex Court.
After that, the Deputy prosecutor Mr Micheal Reza will make his opposing submissions. Katsimberis’ previous lawyer was Tendai Biti.
In his reasons for referral of the matter to the Constitutional Court, Katsimberis is alleging that his right to protection by the law is being infringed, citing an occasion where he alleges the the court denied him access to a Greek interpreter due to his limited understanding of the English language, among other issues.
During commencement of this trial, the State called its first witness Mr Michael Van Blerk to the witness stand.
While being led evidence by Mr Reza, the witness Van Blerk said Katsimberis used plans which were not approved by the City of Harare to build a showroom.
He went on to state that Katsimberis showed them an approved plan which they later discovered was fake after they received a demolition letter from the City of Harare.
“We believed that the accused had City of Harare approved plans. City of Harare wrote to us that there were no approved plans but the accused had shown us plans which he claimed were approved by them,” said Van Blerk during his testimony.
Van Blerk told the court that they had a joint venture with Katsimberis to develop land, and it was not an agreement of sale.
“Development was to be conducted on 19559, a portion of Pokugara Properties of which I also signed that agreement,” he further said.
Van Blerk said Katsimberis’ responsibility was to obtain all planning authorisations on behalf of the property owners, and to get approved plans, abiding by all the by-laws.
The witness further said that the building was demolished after the City of Harare established that it was built without an approved plan, and was constructed with unauthorized material.
Van Blerk told the court that Katsimberis hid the showroom from them as he was using unapproved material to build it.
“The accused for a period, encircled the structure to prevent us from viewing it but eventually we saw it.
“He used steel frame and concrete tar which was not part of our agreement. The house was demolished without malice by the city council, and all materials were recovered by the accused person,” he said.
Katsimberis, through his defence advocate Tawanda Kanengoni denied the allegations and told the court that he will file his defence outline in due course.
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