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Prosper Dembedza Herald Correspondent
Harare Provincial magistrate Mrs Vongai Guwuriro-Muchuchuti yesterday reprimanded a lawyer with Mutumbwa Law Firm, Milliscent Moyo after she sought a postponement for her client’s case saying the lead counsel had travelled to South Africa for medical attention while in actual fact he is in the country.
Mrs Moyo is representing George Katsimberis in a fraud case after he allegedly built a showroom in a joint venture agreement in Borrowdale using a fraudulently acquired building plan.
The magistrate dismissed the application for a postponement saying Katsimberis had other lawyers who are sitting on the bar and ordered that the trial to proceed after lunch without fail.
However, lead counsel Tinomudaishe Chinyoka who was somewhere in Harare heard that his client will be subjected to trial in his absence and he arrived in court at around 2pm to the surprise of the State.
Chinyoka tried to control the damage by saying he is leaving late the same day as there was a miscommunication with Moyo.
But the magistrate said Chinyoka had failed to submit documents that he is leaving the country but only submitted a medical test from Lancet Laboratory that he is unwell.
However, the magistrate reprimanded Moyo saying she is an officer of the court and that it was a misconduct to lie in court.
MATTER OF FACT
In an article published in the Herald on the 15th February 2023, we covered legal proceedings at the Harare Magistrates Court for the case of State and Georgios Katsimberis, reported and published an article titled “Magistrate stops lawyer from lying in court”.
The article was based on the ruling of the court in circumstances where Miss Milliscent Moyo had made submissions to the contrary.
It has come to our attention through the record of proceedings on the day in question that in the morning, Miss Moyo stated in her application for postponement that lead Counsel Advocate Tinomudaishe Chinyoka was scheduled to travel to South Africa later on that same date.
However, the court in its ruling ruled that Miss Moyo had stated that the lead Counsel had already travelled to South Africa and reprimanded her for lying.
Any harm or inconvenience caused by the publication of the article is sincerely regretted. – Editor
MATTER OF FACT
In an article published in the Herald on the 15th February 2023, we covered legal proceedings at Harare Magistrate’s Court in the case of State and Georgios Katsimberis. We reported and published an article titled “Magistrate stops lawyer from lying in Court”.
It has come to our attention through the court record of proceedings that:
1. Miss Moyo, in her application for postponement, submitted that Advocate Chinyoka was scheduled to travel to South Africa on that same day,
2. Advocate Chinyoka was booked on a flight leaving Zimbabwe at 6.30 pm.
3. When the hearing was postponed to 2.30 pm, Advocate Chinyoka was still in the country,
4. However, the Court had ruled that Mr. Chinyoka had already travelled to South Africa and reprimanded Miss Moyo for lying. The article was based on the ruling by the Magistrate in circumstances where the submissions made were to the contrary.
5. When Advocate Chinyoka came to Court later that afternoon to seek a postponement, we reported that he tried to control the damage. It has come to our attention that Advocate Chinyoka came to Court, was unwell and was booked to fly to South Africa at 6.30 pm that evening. The case was postponed until his return from South Africa.
We would like to apologise to Advocate Chinyoka for any inconvenience caused by the publication and the attachment of his picture under that publication. – Editor
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