Two Harare men who allegedly erected an illegal billboard in Borrowdale low-density suburbs denouncing a property developing company have advised the court that they intend to apply for quashing of the charges.On Friday, the accused Grant Russell of Fairclot Investments and Mark Strathen of Paragon Printing appeared before magistrate Evelyn Mashavakure where their gave notice of plans to make oral submissions on April 26 for the quashing of the charges. The matter was deffered to April 26 for trial continuation. The two are facing criminal nuisance charges.
They, recently through their lawyer Tendai Biti filed for refusal of further remand saying they have stand better chances of success in their application for appeal filed at the Supreme Court. They are also challenging a High Court order to proceed to trial after an unsuccessful attempt to have the charges quashed. Magistrate Mashavakure recently dismissed their application for refusal of further remand saying there was no need to remove them from remand as there is no reason submitted in court to justify the move.
She said there is no order for stay of proceedings and also no document of the case development proof on why the matter at the Supreme Court is still not determined. Mashavakure also advised the accused persons to follow up on the application with the Registrar of the Supreme Court for the update."Follow up with the Registrar on the application because we cannot stop the proceedings. You need to provide something from the Registrar to show you have been following on the matter," she said.