THE High Court has struck off the roll the review an application filed by controversial property developer George Katsimberis for the recusal of two prosecutors from presiding over his case. The court also struck off his other court application to have his matter referred to the Constitutional Court.
Katsimberis had filed for review of his application for recusal of prosecutor Audrey Chogumaira and Ephraim Zinyandu from his case in 2021.
He sought recusal after the court ruled that his application was vexatious and without merit.
Aggrieved by the dismissal of the matter, he approached the High Court for review but the latter struck it off the roll this afternoon.
Chogumaira has since been promoted to the High Court while Zinyandu has since stopped prosecuting the case.
Katsimberis also wanted the High Court to review an application for referral of his fraud case to the Constitutional Court, arguing that he was not likely to receive a fair trial at the lower courts.
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This was after magistrate Letween Rwodzi dismissed his application.
But High Court judge Justice Muzawazi struck the matter off the roll saying she would not be able to hear the case as she was now stationed in Chinhoyi. She directed that the matter be heard by other judges based in Harare following a plea by Katsimberis’ lawyer Tendai Biti.
Katsimberis is accused of fraud after he allegedly used a fake plan to build a showroom in a cluster houses joint venture in Borrowdale, Harare, with Pokugara Property.
However, Harare City Council distanced itself from the building plan describing it as a fraudulent document after it emerged that it was signed by one person instead of being counter-signed by several other departmental heads.
This resulted in the complainant, Pokugara Property suffering a prejudice of US$1 million.