A lawyer with Mutumbwa Law Firm, Milliscent Moyo who was standing in for Tino Chinyoka who has been representing property developer George Katsimberis was today reprimanded for lying in court by a Harare magistrate.
Moyo had sought a postponement for her client’s case saying
the lead counsel went to South Africa for medical attention on Monday.
It turned out that he was actually in the country.
Harare magistrate Vongai Muchuchuti-Guwuriro dismissed the
application for postponement of the matter saying Katsimberis had other lawyers
who were sitting on the bar. She said
the trial must proceed after lunch without fail.
Chinyoka, who was actually in Harare then heard that his
client will be subjected to trial during his absence. He quickly turned up in court around 2pm to
the surprise of everyone.
He said he was supposed to leave the country late on
Tuesday, adding that there was miscommunication with Moyo.
But Muchuchuti-Guwuriro was not impressed and reprimanded
Moyo for lying in court.
"The problem the court is having is that it is said
advocate Chinyoka travelled last night to South Africa while in actual fact he
is in the country. The legal practitioners are officers of the court and must
always say the truth," Muchuchuti-Guwuriro said.
Katsimberis was in the middle of his application for
referral to the Constitutional Court when the matter was adjourned last month.
The property developer is facing charges of fraud after he
allegedly built a showroom in a joint venture agreement in Borrowdale using a
fraudulently acquired building plan.
Chinyoka who was filing an application for referral of the
matter to the ConCourt was then excused by the court and told to leave for
South Africa for his medical attention.
Muchuchuti-Guwuriro said Katsimberis’ lawyer, advocate
Tawanda Kanengoni should proceed with the trial.
Chinyoka however refused to leave the bar saying he will
continue with his application for referral to the Constitutional Court in his
current state of health.
Katsimberis, through Chinyoka, submitted that he is seeking
the ConCourt to determine whether his rights are being violated when his key
witness was arrested. Newsday
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