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Friday, May 20, 2022
HomeCourtsKen Sharpe’s Aide Bid To Sneak In Inadmissible Evidence Exposed

Ken Sharpe’s Aide Bid To Sneak In Inadmissible Evidence Exposed

Controversial businessperson Kenneth Raydon Sharpe’s top aide and Pokugara Properties director Michael John Van Blerk last week made a desperate bid to bulldoze his way out of an ongoing perjury trial by using non-admissible evidence.

Van Blerk applied for exception of perjury charges basing on statements he claimed were made by the complainant Mr Georgios Katsimberis in a different case before the High Court.

An alert state prosecutor Mr Zivanai Macharaga blocked the move saying the court could not deal with the application without sight of the High Court documents.

“The basis of the exception your worship are based primarily on High Court documents or the contents of High Court documents. The accused is stating on how those documents contains or do not contain, they state that the complainant made admissions in High Court on the issues that the accused is now being charged. For the court to dispose the application, it must have sight of the High Court documents that is to say this court ought to obtain evidence before agreeing or disagreeing with the accused.

“The court would also notice that the exception is based on what the State has provided the accused as State papers. The accused is saying that those State papers do not show that the complainant contested the basis of the charge, the question that the court ought to answer is, Is that true? For that question to be answered the court ought to have that issue interrogated by the hearing of evidence. For the State, from the barb your worship would contest the truthfulness of the basis of the exception and the conclusion of law so arrived at those facts.

“The court also need to consider that the exception invites the court to make findings of whether or not complainant made certain admissions in High Court and what conclusion of law can be arrived at if there is any admission as referred in the exception,” said Macharaga.

Van Blerk appeared before Harare Magistrate Ngoni Nduna facing perjury charges which emanated from an affidavit that he deposed before the High Court to the effect that Katsimberis did not have approved architectural plans for the construction of a show house at the corner of Teviotdale and Whitwell Road, Borrowdale.

Katsimberis has since submitted evidence in form of an affidavit from City of Harare confirming authenticity of the stamp and signature appended on the plans.

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