Court dismisses Katsimberis application

HARARE magistrate Vongai Guwuriro has dismissed an application by George Katsimberis’s lawyer Tinomudaishe Chinyoka who sought to compel deputy Prosecutor-General Michael Reza to testify in his case.

Dismissing the application, the magistrate ruled that Reza could not be compelled to testify in a case in which he is prosecuting.

“This is an unusual application as can be seen by the fact that there is no previous case in law dealing with such a situation,” Guwuriro ruled.

“Section 229 provides for the calling of witnesses. There is a process that is followed. A party to a case cannot just say in court I want that person to take the witness stand and be my witness.”

She further stated that the integrity of the court should be preserved at all times and acceding to the defence application would compromise the court’s probity.

Reza said the defence wished to pursue an improper route.

“I am an officer of the court and everything that I said in this trial is consistent with my role as a prosecutor,” Reza said

“The defence once said the State was petty and I did not call him to the witness stand to testify.”

He added that Chinyoka once raised these issues before and they were dealt with at that time.

“The defence wants to bring drama into this honourable court by (clutching) on a straw,” Reza said.

“My position is correct at law that I cannot be compelled to be a witness in a matter in which I am the prosecutor.”

Katsimberis is accused of building a showroom in Borrowdale, Harare, without an approved building plan, resulting in the showroom being demolished.