Property developer George Katsimberis says reasons given by the National Prosecuting Authority (NPA) to denying him a private prosecution certificate against businessman Kenneth Raydon Sharpe are impossible to explain.
Katsimberis said this while responding to a reply by acting deputy Prosecutor General in charge of operations, Justin Uladi to his application for a private prosecution certificate against Sharpe.
He wants the High Court to grant him a private prosecution certificate to pursue charges against Sharpe emanating from the collapse of the deal which he says resulted in him being prejudiced of US$1 million.
Uladi, in his response, said it was premature to grant a private prosecution certificate against Sharpe because there is no outcome on cases Katsimberis was being prosecuted on. He also said Sharpe was not an accused person. Uladi said the docket did not have a charge against Sharpe and his company, Pokugara Properties, but only Michael Van Blerk, his associate.
In his response, Katsimberis said he was not convinced.
“It seems to me, as a layperson, that the position taken by the State in this matter is impossible to explain outside of some nefarious influence,” Katsimberis said.
“What is apparent from the opposing affidavit is that the state is clutching at straws. It claims in one sentence that there is no docket. Then it claims that Kenneth Raydon Sharpe was never charged.
“Is the Prosecutor General in the business of prosecuting people who have not been charged?”
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He added: “What is the basis for withholding prosecution against Sharpe on facts unrelated to my complaint, when the same state is prosecuting me and simultaneously using me as a witness in three other cases from the same facts?
“Because that is what is happening, as clearly appears from the proceedings in HC 6820/21, which proceedings I beg the leave of the court to incorporate herein by reference as if specifically traversed.”
He said whatever knowledge the prosecution claims to hold about his dispute with Sharpe was inconsequential.
“If this matter has been brought prematurely, what exactly is premature? Is it my report against Kenneth Raydon Sharpe, or an investigation of the report or its prosecution?
“In any event, the only case that I am being charged with was reported by Pokugara Properties (Private) Limited in 2020, close to 2 years after I reported my complaint against Sharpe.”
