A lawyer with Mutumbwa Law Firm, Milliscent Moyo who was standing in for Tino Chinyoka who has been representing property developer George Katsimberis was today reprimanded for lying in court by a Harare magistrate.
Moyo had sought a postponement for her client’s case saying the lead counsel went to South Africa for medical attention on Monday.
It turned out that he was actually in the country.
Harare magistrate Vongai Muchuchuti-Guwuriro dismissed the application for postponement of the matter saying Katsimberis had other lawyers who were sitting on the bar. She said the trial must proceed after lunch without fail.
Chinyoka, who was actually in Harare then heard that his client will be subjected to trial during his absence. He quickly turned up in court around 2pm to the surprise of everyone.
He said he was supposed to leave the country late on Tuesday, adding that there was miscommunication with Moyo.
But Muchuchuti-Guwuriro was not impressed and reprimanded Moyo for lying in court.
"The problem the court is having is that it is said advocate Chinyoka travelled last night to South Africa while in actual fact he is in the country. The legal practitioners are officers of the court and must always say the truth," Muchuchuti-Guwuriro said.
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Katsimberis was in the middle of his application for referral to the Constitutional Court when the matter was adjourned last month.
The property developer is facing charges of fraud after he allegedly built a showroom in a joint venture agreement in Borrowdale using a fraudulently acquired building plan.
Chinyoka who was filing an application for referral of the matter to the ConCourt was then excused by the court and told to leave for South Africa for his medical attention.
Muchuchuti-Guwuriro said Katsimberis’ lawyer, advocate Tawanda Kanengoni should proceed with the trial.
Chinyoka however refused to leave the bar saying he will continue with his application for referral to the Constitutional Court in his current state of health.
Katsimberis, through Chinyoka, submitted that he is seeking the ConCourt to determine whether his rights are being violated when his key witness was arrested.
