Builder George Katsimberis, who is facing fraud accusations, has a tendency of intimidating prosecutors by creating bogus allegations against them.
This was stated by Deputy Prosecutor General Micheal Reza in his response to Katsimberis’s request for his third recusal last week.
Mr Reza stated in his written answer that the defense had requested his recusal from prosecuting this matter without any references.
“I object to the application. Their applications, as has become the norm in this case, are made without reference to any known statutory provisions. They have, to their credit, referred to a case law, Mupungu v Minister of Justice, which is unfortunately hopelessly irrelevant.
He said the above case law refers to the recusal of a judge or a magistrate.
He further wrote that it is trite law that the function of a judge are different from those of a prosecutor.
“Their decisions have different effects in a case in court. For example, it is not the prosecutor who will find the accused guilty or not guilty. It is not the judge or magistrate who will put the charge or withdraw the charge to an accused,” he wrote.
Mr Reza said when he wrote the letter dated October 14, 2022 he was not misleading anyone as the facts speak for themselves and a reading of CRB 241-2/20 will confirm this.
“In that case, the trial magistrate Nduna ESQ concluded that Roy cannot be a witness in a case involving the submission of the plans because the plan that was in issue was a fake plan,” he said.
He said the accused and his counsel are scrapping the bottom of the barrel.
“They allege that in all cases where Pokugara Properties, Tatiana Aleshina or Kenneth Raydon Sharpe have connections with the complainant in this case, I am always the prosecutor.
“In their application in paragraph 5(a) they mention “four cases running concurrently”, add this current case and the case of State v Tendai Biti, making it six cases. Both counsel and his client are being melodramatic.
They both know that in this current trial, I am only prosecuting because the accused person has bullied off all prosecutors who have handled this case.
The matter was initially being jointly prosecuted by Mr E Zinyandu and Miss A Chogumaira. The accused wrote a long letter of complainant falsely accusing the two prosecutors of impropriety, despite the fact that they had done nothing wrong They recused themselves because they felt unsafe,” he said.
Mr Reza said Katsimberis was in the habit of routinely bullying off prosecutors by either making entirely false accusations against the prosecutor or by threatening to cause their arrest or by actually making police reports against them.
“To date, the accused has made police reports against the following prosecutors, Mr T Chirambira, Mr C Muchemwa, Mr R Chikosha and Mr Chesa.
“All of these are prosecutors who have taken part in his prosecution or deposed affidavits against him. He has bullied off to his case the following prosecutor, Mrs T Makiya, Ms C Mashingaidze, Mr Zinyandu and Miss A Chogumaira,” he said.
In trending stories on ZiMetro News,
Prophet Ezekiel Masiyandima has dumped his wife for a 21-year-old ‘Melania Madamombe’
After leaving his wife for a younger lady from his church, a Chitungwiza-based prophet has divided his congregation.
Ezekiel Masiyandima, 44, of Ebenezer Prophetic Ministries, divorced his wife of 18 years, Portia Chiwanga, 38, for Melania Madamombe, a 21-year-old congregant.
