Harare City and Pokugara Properties bosses who were jointly accused of malicious damage to property were on Thursday acquitted of any wrong doing by a Harare Regional magistrate Mrs Florence Chakanyuka at the close of the State’s case.
City bosses, Zvenyika Chawatama, Samuel Nyabeze, Lasten Taonezvi and Pokugara Properties representative Marlone Ndebele and former Pokugara general manager Michael Van Blerk were acquitted at the close of the State case after the State failed to prove a case against them.
The acquitted officials were facing allegations of ordering the destruction of a show house in Borrowdale that was built with a fraudulently obtained building plan. The house was built by the complainant George Katsimberis through a joint venture agreement with Pokugara Properties to build cluster houses in Borrowdale.
Magistrate Mrs Chakanyuka said the State led by Mr Zivavani Macharaga failed to prove a prima facie case against them because it failed to prove that the demolition order issued by council was invalid and that there was 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 demolition.
Mrs Chakanyuka further said the witness Roy Nyabvure’s testimony was marred with bitterness and could not provide clear evidence on who approved the building plan.
She added that there was no evidence submitted before the court to prove the building plans had been widely circulated to all departments for approval.
“The joint venture was invalidated and this has left the complainant with 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 the City of Harare departments before it could be approved,” Mrs Chakanyuka said in acquitting the accused persons.
She also acquitted the City bosses of an alternative charge of criminal abuse of office saying no evidence led to show any fraud and criminal liability on the part of Pokugara Properties and its representatives.Only two witnesses testified in this matter, Katsimberis and Nyabvure.
Katsimberis had built the showhouse in a joint venture agreement with Pokugara Properties but the building was condemned after it was discovered that the plan was fraudulently obtained and the material used were not recommended or approved by council. – The Herald
