A former City of Harare chief building inspector, who was arrested on charges of criminal abuse of office over a month ago, has appealed for bail at the High Court after he was denied freedom by the magistrates court.
Roy Nyabvure (64) was remanded in custody to February 20 next year for trial when he appeared before magistrate Marehwanazvo Gofa last week.
In his appeal, Nyabvure said the court made a myriad of errors in denying him bail.
Nyabvure is accused of single headedly approving a building plan for the construction of a showroom which was later demolished.
Prosecutors said in 2017 and in the course of his duties, Nyabvure unprocedurally approved a building plan for the construction of the show house by property developer George Katsimberis, who was contracted by Pokugara Properties.
City of Harare later demolished the property saying it was built without approved architectural plans.
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After the destruction of the show house, Katsimberis reported Pokugara Properties and City of Harare officials for perjury and malicious damage to property. Nyabvure is also a witness in the same case.
Through his lawyers Mutumbwa Mugabe and Partners, Nyabvure argued that the court made a lot of mistakes in the case.
“The court a quo erred in making a finding that the appellant was likely to interfere with state witnesses when such evidence was not led before the court,” the lawyers said.
“The court a quo erred in making a finding that the appellant could interfere with state witnesses when no witnesses were known in the matter at hand.”
Nyabvure also said his ill health and age were not considered and that the court rushed to say he was of no fixed abode without proper investigations.
He is currently hospitalised while in custody.
Nyabvure said his rights were infringed when he was not given the benefit to view the written reasons for his judgement
“Further take note that the present appeal was prepared without the benefit of full written reasons for judgement and the appellant reserves the right to supplement or amend any portion of this notice of appeal as a result,” the notice reads.
“The claim by the state, accepted by the court a quo that the Appellant was arrested on the basis of tip off, is just bogus.
“Everyone involved in the case on behalf of the state and everyone involved as “complainant” knew that the Appellant would next be at court as a witness on November 8, 2022, and he duly attended.
“Had the appellant really been evading arrest, would he have showed up.”