THE two company directors accused of erecting an illegal billboard in Borrowdale, Harare, denigrating a property development company have been dumped by their new lawyers, becoming the second one to dump them and resulting in the postponement of trial.
Mark Strathen of Paragon Printers and Grant Russell of Fairclot Investments were supposed to stand trial before magistrate Sharon Rakafa, but their lawyer Gwinyai Mharapara renounced agency after the magistrate dismissed an application for postponement.
Mharapara had filed an application for postponement saying he paid for the record to be transcribed so that he is fully apprised of the matter before trial.
The lawyer had taken over from Tendai Biti, who also renounced agency, leaving the accused persons without a lawyer.
Appearing for the State, Shambadzeni Fungura opposed the postponement application saying the accused persons had asked for the transcription of the record each time they approached the High Court and Supreme Court.
Fungura said the accused persons should give the transcript of the record to their lawyer since they had it.
“Your worship, the court may take into consideration that this matter was supposed to commence 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,” the prosecutor said.
Fungura further said the witnesses had religiously been coming to court to testify, but they had been prejudiced by the postponements, adding that she was ready for trial.
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Mharapara, however, said they were asking for a postponement one more time.
But Rakafa dismissed the application saying the matter had been on roll since 2021.
Mharapara then renounced agency.
The duo then requested postponement of the matter, saying they needed to look for a new lawyer to represent them.
Rakafa postponed the matter to Monday for commencement of trial.
The Supreme Court recently dismissed the accused persons’ appeal on exception and were ordered to proceed to trial.
It is the State’s case that on December 10, 2020 at around 2pm, the accused persons erected a billboard opposite Celebration Church in Borrowdale, Harare, with defamatory information on WestProperties in a bid to tarnish the latter’s image.
It was alleged that Russell and Strathen spread falsehoods and caused false alarm among the public.
The complainant made a report to the police leading to their arrest.
