Saturday 19 February 2022

BITI'S CLERK REMANDED IN CUSTODY

 A legal clerk at Tendai Biti Law chambers who is facing fresh two counts of fraud will spend the weekend behind bars awaiting his bail application on Tuesday.

Constantine Chaza (53) was facing allegations of fraud when he appeared before Harare Magistrate Mrs Munashe Chibanda.

On the first count it is alleged that on Fabruary 26, 2020 and at the High Court of Zimbabwe in Harare, the accused person made a misrepresentation to the court by tendering a fake special power of attorney from Eliot Rogers in the matter in which the complainant Tendai Mashamhanda was the other party.

The court acted upon the misrepresentation and allowed the accused to file the papers.

The matter came to light when complainant managed to contact Eliot Rogers in the United Kingdom who denied giving accused the said special power of attorney and the matter was reported to the police.

The special power of attorney tendered by accused was subjected to CID forensic laboratory for analysis together with other documents where Eliot Rogers signed and it was discovered that the documents were not signed.

It is alleged that both the special power of attorney and the report by the forensic expert will be tendered before the court as exhibits. Evidence can be led from witnesses of the prosecution.

On the second count, it is alleged that on October 18, 2021 and at High Court of Zimbabwe in Harare, Chaza tendered a fake special power of attorney allegedly from Eliot Rogers in the document record HC 5633/2021.

It is alleged that the matter came to light when the complainant noted that the signature on the special power of attorney dated September 27, 2015 was different from the signature by  Rogers on an affidavit done on October 7, 2014 and a report was made to the police.

Investigations revealed that the two signatures on the said documents were not authored by the same person.

It is further alleged that the special powers of attorney and expert report can be tendered before the court as exhibits.

Chaza  was arrested on February 17, 2022 at the High Court of Zimbabwe in Harare.

The complainant in this matter is Piwayi Chiutsi.

Chaza is currently on $5 000 bail on perjury charges after filing a false statement under oath at the High Court. Herald

 

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