A Harare magistrate will deliver the ruling on November 28 for an application filed by two Harare men facing charges of erecting an illegal billboard in Borrowdale with a message denigrating a rival property developer’s image.
Grant Russel and Mark Strathen had filed an application to force the State to withdraw its charges against them before plea or to remove them from remand. However, the State represented by Shambidzeni Fungura opposed the application saying the pair wanted to wriggle off the hook through the backdoor after the court dismissed their exception bid.
"The State is opposed to such procedure being adopted and insists that the accused persons be subjected to trial whereupon their guilt or innocence will otherwise be proved, read part of the State's response. The State in its response said the facts as alleged disclose an offence.
"The accused attempts to resurrect its exception to the charge which was dismissed by then magistrate Shane Kubonera and as such this court is functus officio and cannot decide on whether the facts as laid do disclose a charge against the accused persons because such matter had already been dealt with by this court,"read the State's response.
The State further stated that it is whimsical for the accused persons to simply allege that they are entitled to an acquittal because the charges do not disclose an offence.
"It must be noted that the accused persons entered a not guilty plea and excepted to the charge which exception was heard and dismissed by Kubonera. There exists no legal basis to unwind the legal clock and resurrect through the back door the exception proceedings heard by Esquire Kubonera with a decision made thereto," the State said.
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Grant and Russell are also challenging a High Court order to proceed to trial after they unsuccessfully sought the court to quash their charges.
It is the State’s case that on December 10, 2020, at around 2pm on the opposite side of Celebration Church in Borrowdale, Harare, the accused persons erected a billboard with damaging information on West Properties in a bid to tarnish its image.
The State alleges that the contents on the billboard were likely to interfere with the ordinary comfort or convenience of the complainant’s clients. The complainant made a report to the police, leading to their arrest.