City of Harare bosses and Pokugara Properties representatives who were accused of malicious damage to property today heaved a sigh of relief following their acquittal by Harare regional magistrate Mrs Florence Chakanyuka.
The City bosses, Zvenyika Chawatama, Samuel Nyabeze, Lasten
Taonezvi, Pokugara Properties representative Marlone Ndebele and former
Pokugara general manager Michael Van Blerk were acquitted at the end of the
State case after the State failed to prove a case against them.
They were facing allegations of ordering the destruction of
a house in Borrowdale that was built with a fraudulent building plan.
The house was built by the complainant George Katsimberis
in a joint venture agreement with Pokugara Properties to built cluster houses
in Borrowdale.
In acquitting them, Mrs Chakanyuka said the State led by
Zivavani Macharaga failed to prove a prima facie case against them.
She said the State failed to prove that the demolition
order issued by the council was invalid and no evidence led to challenge the
order.
She further said the joint venture was invalidated by the
High Court and it left the complainant with less power to challenge the
building as the City Council didn’t know Katsimberis but Pokugara Properties
which had the land.
Mrs Chakanyuka also ruled that the witness Roy Nyabvure’s
testimony was all marred by bitterness and could not provide clear evidence on
who approved that building plan.
She said there was no evidence submitted before the court
that showed the building plan was circulated to all departments that are
responsible for approving the plan.
“The exhibits in this case showed that the accused persons
and the complainant were on each other’s throat for a very long time and this
has a bearing on this case’s determination,” magistrate Chakanyuka ruled.
“The joint venture was invalidated and this has left the
complainant will less control over the structure.
“There is no evidence led in court on who approved the
plan. There is no evidence to show the plan went through all departments,” said
the magistrate in acquitting the accused persons.
The magistrate also acquitted the City bosses of an
alternative charge of criminal abuse of office allegations saying no evidence
led to prove the the letters written by the council were irregular.
Only two witnesses testified in this matter, Katsimberis
and Nyabvure.
Katsimberis had built the showroom in a joint venture
agreement with Pokugara Properties but the building was condemned after it was
discovered that the plan was fraudulent and the material used were not correct. Herald
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