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Prosper Dembedza
Court Correspondent
Geogios Katsemberis, who is being 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 has made an application for exception arguing that the State’s outline does not disclose that he committed an offence.
Katsemberis whose application for referral of the matter to the Constitutional Court was dismissed last week told Harare regional magistrate Mrs Letwin Rwodzi that the complainant approached the court with dirty hands.
Responding to the application prosecutor Mr Micheal Reza told the court that Katsemberis was the correct accused person in this matter.
He said Katsemberis used a plan which was not approved by the City of Harare.
“The chief building inspector was supposed to sign on the plan which was used by the accused but in this case nothing was done,” he said.
Mr Reza further told the court that Katsemberis went on to build a showroom without approved building plans.
He added that potential prejudice is a crime.
“A fraudster will use the official stamp and append his signature so that they will say everything is above board but his intention is to misrepresent so that another person acts according to the misrepresentation,” said Mr Reza.
He further submitted that 95% of the submissions made by Mr Biti in his application for exception as basis of his client’s defence are triable issues.
“In the dock is the correct accused person and he is the one who entered into the joint agreement and his signature and initials appear on every page of it,” he said.
The matter was deffered to July 8 for ruling.
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 senior prosecutor Mr Michael 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 were being infringed. The State led by Mr Reza and Tafara Chirambira opposed Biti’s application saying the application was frivolous and vexetious.
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.
Online Reporter