HARARE, Mar. 5 (NewsDay Live) - Chief Magistrate Vongai Guwuriro has dismissed an application for referral to the Constitutional Court filed by property developer George Katsimberis.
Katsimberis faces charges of fraud involving a US$1 million botched joint venture deal to build cluster houses in Borrowdale.
In dismissing the matter, Guwuriro said the application for referral to the ConCourt was frivolous and vexatious.
The magistrate said the reasons submitted by Katsimberis to refer the matter were not compelling and convincing, adding that the matter needed to be completed within a reasonable time.
Guwuriro postponed the matter to March 14 for the continuation of the trial.
Katsimberis, who is being represented by Tinomudaishe Chinyoka, had filed the application alleging his Constitutional rights were being violated.
This is his third application for referral to the ConCourt.
An attempt for direct access to the Constitutional Court was dismissed by the ConCourt which ruled that it could not interfere in unterminated proceedings.
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The developer had cited that his constitutional rights were being violated by forcing him to appear on trial using English language, which is not his mother language, in favour of a Greek interpreter.
Several applications for postponement were made by Katsimberis, but the State alleges Katsimberis was buying time to delay the finalisation of the matter.
The State, represented by Sheila Mupindu, also argued that the ruling for the application for referral cannot be delivered in the absence of the accused person.
