Pokugara Properties and its employees have made another desperate bid to evade trial in a case in which they are accused of malicious damage to property after filing an application for exception seeking quashing of charges.
The State represented by prosecutor Zivanai Macharaga from the Special Anti-Corruption Unit alleges that sometime between July 2018 and October 2018, at lot 9 of 21 on consolidated number 19559 of 19828 on Harare Township corner Teviotdale and Whitwell in Borrowdale, Mandla Marlone Ndebele, Hosiah Chisango, Isiah Zvenyika Chawatama, Samuel Nyabezi, Lasten Taonezvi and Ken Sharpe who is still at large destroyed a show house constructed by Harare business George Katsimberis without a court order.
The accused allegedly acted in common purpose and demolished Katsimberis’ show house which had an approved plan without advising the complainant.
Katsimberis has since availed proof of payments made to City of Harare and a bank statement from the city fathers showing payment.
A City of Harare official has also submitted an affidavit which confirms that the stamp and signatures on the architectural plans were indeed authentic.
Pokugara Properties, its employees Van Blerk, Ndebele and Sharpe are also in trouble for failing or refusing to disclose that the stand in question was built with approved plans and for failing to caution Katsimberis of the demolition.
Katsimberis is embroiled in a legal battle with Sharpe who is at large following a botched joint venture agreement between the two.
In what has been viewed as a delaying tactic to the commencement of trial Pokugara Properties who are represented by Advocate Tawanda Zhuwarara argued that the charges are meant to embarrass the accused and do not constitute a recognizable offence at law. The City of Harare is represented by Charles Kwaramba.