THE lawyer representing directors of two Harare companies accused of erecting an illegal billboard in Borrowdale denigrating a property developing company has renounced agency, resulting in the postponement of their trial.
This is the second time that the accused, Mark Strathen of Paragon Printers and Grant Russell of Fairclot Investments, have lost their lawyers in the same manner.
They were scheduled to appear before magistrate Sharon Rakafa on Monday but their lawyer Gwinyai Mharapara renounced agency after the magistrate dismissed his application for postponement of the case.
Mharapara, who had taken over from Tendai Biti, had sought to apply for postponement saying he was waiting for the transcribed record so that he is fully appraised of the matter before trial. But the State represented by Shambadzeni Fungura opposed the application saying the accused persons had asked for and got copies of the transcripts on several occasions when they approached the High Court and Supreme Court.
"Your worship, the court may take into consideration that this matter was supposed to commence the trial after several postponements. The accused persons have been requesting the transcribed record on many occasions whenever they approach the High Court and Supreme Court and they must use that," Fungura said.
The prosecutor further said State witnesses had religiously come to court to testify but were prejudiced by the postponements, saying she is ready for trial.
Magistrate Rakafa dismissed the application saying the matter has been on roll since 2021. Mharapara then renounced the agency. The duo then asked for the postponement of the matter to enable them to look for a new lawyer. Magistrate Rakafa postponed the matter to Monday for commencement of trial. The Supreme Court recently dismissed the accused persons’ appeal on exception and ordered the matter to proceed to trial. 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 WestProperties in a bid to tarnish its image. It was alleged that Russell and Strathen caused false alarm to the public through the information which was written on the billboard.
The State alleges that the billboard erected by the two had contents which 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.
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