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Court Reporter
The trial for builder George Katsimberis on allegations of duping a land developer of close to USS$1 million in a joint venture to build cluster houses in Harare’s Borrowdale suburb has finally kicked off with him refusing to plead to the charges.
The matter which sat in the morning was briefly adjourned to 4pm after Harare magistrate Mrs Vongai Muchuchuti-Guwuriro dismissed for the second time Katsimberis’ application to have the court order senior prosecutor Mr Micheal Reza to furnish him with further particulars.
When the matter resumed at 4pm, Katsimberis was now a self actor as his lawyer Advocate Lewis Uriri was in no show due to other commitments.
Mr Charles Warara who stood for Adv Uriri sought to postpone the trial to no avail as Mr Reza opposed.
Mrs Guwuriro however ruled that the trial was now overdue and therefore the charges should be put to the accused.
Asked by Mrs Guwuriro how he pleaded, Katsimberis refused to say anything saying he wanted a lawyer.
This prompted the trial to be postponed to March 30 for continuation.
In dismissing Katsimberis’ application for further particulars, Mrs Guwuriro said she could not review her sister magistrate’s ruling.
Katsimberis’ defence had submitted that they needed the documents to prepare their defence.
“The State has an obligation to reply to our request for further particulars,” said Adv Uriri.
However, Mr Reza vehemently opposed the application saying it was a tactic being continually used by the defence to delay the trial.
“I refuse to be ordered by Mr Warara to go and collect public documents which he can go and collect by himself.
“No one can force me to get those documents, young or old, male or female, dead or alive,” said Mr Reza.
He said the defence wanted to give the court powers that it did not have at law that is to review another magistrate’s ruling.
During the previous sitting Mrs Rwodzi dismissed another application by Katsimberis to have Mr Reza recused from his fraud case.
The matter has been marred by many dilatory applications from seven different lawyers at the instigation of Katsimberis, the last previous lawyer being Mr Tendai Biti.
Online Reporter