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Katsimberis wants ConCourt to hear his double pros...

Katsimberis wants ConCourt to hear his double prosecution challenge

Georgious Katsimberis

Zim Now Writer

HARARE land developer Georgious Katsimberis has made an application seeking leave to appeal the Constitutional Court (ConCourt) to challenge his prosecution in parallel but related cases.

Katsimberis wants to appeal against a ruling by High Court judge Justice Siyabonga Paul Musithu last month dismissing his application for permanent stay of prosecution, arguing that the parallel court violate his rights.

Justice Musithu dismissed Katsimberis’ application for a permanent stay of prosecution ruling that Katsimeris was not supposed to seek a permanent stay of prosecution if his complaint was about the perceived prejudices emanating from his parallel prosecution.

Justice Mathuthu said the parallel prosecutions because they were done by different organs, the Special Anti-Corruption Unit and the National Prosecuting Authority and therefore there was nothing untoward in having them both run.

Katsimberis has been involved in the two separate cases based on the same facts since 2020 as State witness in one and as an accused person in the other.

The accused persons in the case where Katsimberis is a witness are the witnesses in case where Kastimberis is the accused person.

Katsimberis is a State witness in a matter in which Van Blerk, Pokugara Properties, former Harare City Council town clerk Hosea Chisango and the City of Harare are charged with perjury.

The three made a claim in court that Katsimberis built houses on behalf of Pokugara without approved plans. They also face charges of malicious damage to property.

Katsimberis is himself facing fraud charges in a case where Pokugara, is the complainant.

Kastimberi’s lawyer Tendai Biti is meanwhile facing assault charges against a witness in the fraud case.

A law firm has also written to the Law Society of Zimbabwe stating a complaint that Biti is intimidating the same witness on the basis of viral social media messages inviting CCC party supporters to turn up at court in large numbers on date Biti was appearing in court for the assault case.

 

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