A Harare businessman has accused deputy prosecutor general Michael Reza of smuggling a non-existent letter to buttress claims that he built a house without an approved plan.
George Kastimberis, a property developer, made the claims during cross examination at the Harare magistrates court where he is seeking referral of his fraud case to the Constitutional Court.
Katsimberis was charged with fraud after Harare City Council destroyed a show house he had built for Pokugara Properties in Harare’s Borrowdale suburb with the local authority claiming that its plan was not approved.
During the cross-examination by his lawyer Tino Chinyoka, the property developer said Reza’s letter sought to nullify the building plan in order to prejudice him.
Katsimberis said Pokugara sent their agent to draw housing plans, submitted and collected them from the city council.
He said it was curious that he was now being accused of using an illegal plan that was obtained by Pokugara from the local authority.
The property developer said Pokugara wrote back dated letters that had initially confirmed that the housing plan was authentic.
He said the plan was submitted to council by structural engineer Archiford Munetsi on behalf of Pokugara Properties.
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Katsimberis went on to produce a letter showing that he paid the company owned by businessman Ken Sharp, which in turn paid council using its agent.
He said he was later shown an approved housing plan from Pokugara, which sent its agent to council to make the necessary payments.
Katsimberis produced a letter dated June 8 2019 written by council’s director of works Isiah Chawatama rebutting another letter from the local authority on June 26 that confirmed the validity of the plan he used to build the Borrowdale house.
The June 8 2019 letter had no reference and referred to an affidavit by the town clerk that was never produced in court, he said.
Katsimberis said the original document from the council confirmed the plan’s authenticity, but another letter made its way into court records after Reza became the prosecutor for his case.
“Is it possible for the HCC to write a letter on 8 June replying to a letter on 28 June 2019?” Chinyoka asked Katsimberis.
He also asked how the property developer got the “fake” letter.
“This letter came from the state, but not as part of the original documents provided by the state,” Katsimberis said.
“Part of the original document that was provided by the state was the letter confirming the authenticity of the housing plan.
“This document was brought in when Mr Reza became the prosecutor. “This is the document that was made up in order to try and rebut the genuine letter from council.”
Katsimberis early this month accused Reza of acting like Sharpe’s hired gun.
He queried why Reza was the prosecutor in almost all cases before the courts where Sharpe is the complainant.
“So this (letter) has no reference number, just two people talking to each other, completely wrong dates,” Katisemberis argued.
“Basically, the authenticity or otherwise of the letter cannot be relied upon because they are fraudulent and so as to appear authentic.”
Chawatama’s letter was also certified by Chinawa Law Chambers, the lawyers representing bsuinessman Ken Sharpe, who owns Pokugara.
Kastimberis asked how Chinawa managed to certify a letter from the council as a copy.
According to the June 26 letter signed by C.U Kandemiri, the acting chamber secretary, the council admitted that the stamp used on the housing plans was authentic.
Kandemiri also said the signatures on the plans were authentic.
He, however, said the procedure in circulating the plans was not followed.
Kasimberis wants the ConCourt to force the prosecutors to give him documents referred to in the letters he claims were smuggled by Reza.
