BY A CORRESPONDENT| The National Prosecuting Authority (NPA) has refused to take heed of the advice from the Special Anti-Corruption Unit in the office of the President (SACU) with regards to conflicting cases before the Harare Magistrates court where a Harare land developer George Katsimberis is a witness and an accused person on the same facts.
According to court papers in ZimEye possession, in 2018, Katsimberis reported a case of malicious damage to property after his then business partner and fugitive of justice Kenneth Raydon Sharpe connived with City of Harare officials to destroy a show house he had built at Pokugara Estate which is located in Borrowdale.
This was despite the fact that Katsimberis had all the architectural designs approved by the City of Harare.
Sharpe and is accomplices went on to lie under oath when they submitted affidavits to the High Court to the effect that Katsimberis did not have approved plans for the show house.
This resulted in Katsimberis reporting them for perjury, the matter is still pending at the Harare Magistrates Court.
In a bid to confuse the courts, in June 2020, Sharpe went and reported Katsimberis to the police for fraud alleging that he “fraudulently misrepresented to Pokugara Properties that he had approved architectural plans, when in fact he did not.”
Faced with the dilemma of being a state witness and an accused on the other hand, Katsimberis then wrote to both SACU and NPA complaining that it was unconstitutional and bad faith on the part of the state to continue prosecuting the two conflicting cases.
“Thus on the same set of facts, our client, who was a complainant and a witness in the case against Michael John Van Blerk and others, now find himself as an accused person on the same facts.
“We contend that the above, is unconstitutional and absolute mala fides and bad faith on the part of the National Prosecuting Authority
“Since our client is a witness to the case brought by the Anti-Corruption Unit, in the President’s office, we kindly request your intervention,” reads part of the letter written by Katsimberis’ lawyer Tendai Biti.
Early this year, SACU then wrote to the Prosecutor General expressing concern that a witness lined up to testify on behalf of the state was being charged on the same facts with the accused person in the first case becoming a witness against him.
“SACU is deeply concerned that a witness who is lined up to testify on behalf of the state, that is George Katsimberis is now being charged on the same facts and the accused persons in his case are now witnesses in a case against him.
“In these two cases that are referred herein above the state appears to allege a particular fact on one hand and also alleging the opposite and charge its own witness. The efforts of combating corruption can be put in jeopardy if cases are handled in this way,” SACU said.
Armed with SACU advise and letters from Katsimberis, the NPA has decided to proceed with the two cases in what puts question marks on the country’s justice delivery system.