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Prosper Dembedza Herald Correspondent

Harare City bosses and Pokugara Properties company today filed an application objecting state witness Roy Nyabvure from testifying in a malicious damage to property case.

Nyabvure recently testified against former Pokugara Properties general manager Michael Van Blerk and his testimony was discredited leaving the court with no option but to discharge Van Blerk.

However, on the background of Van Blerk’s acquittal, Pokugara Properties represented by Mandla Ndebele while City of Harare represented by town clerk Hosiah Chisango, Isiah Zvenyika Chawatama, Samuel Nyabeze, Lasten Taonezvi and former Pokugara Properties general manager filed an application to object Nyabvure from testifying saying his testimony will be of no use in the matter.

“The accused persons object to the leading of testamentary evidence from Nyabvure on account of it being irrelevant, immaterial and cannot prove or disprove any fact or issue in the present trial.

“In particular, the objection is made in accordance with Section 252 of the Criminal Procedure and Evidence as to any fact, matter or thing shall be admissible which is irrelevant or immaterial and cannot prove or disprove any point or fact at issue in the case which is being tried,” The accused persons submitted.

The accused told the court that the State papers provided by the prosecution which states that there was City of Harare approval for the building plan for the showroom in question that was destroyed at the behest of City of Harare saying such evidence cannot be received from Nyabvure because such evidence is irrelevant.

They further stated that Nyabvure is no longer employed by City of Harare and was observed by magistrate Ngoni Nduna in Van Blerk case saying Nyabvure cannot speak on behalf of City of Harare since he is no longer there.

“According to the witness statement that was provided by the prosecution as part of the State papers; their intention was to lead Nyabvure in his capacity as the then Region Building Inspector domiciled at Cleveland House and as such witness no longer has such official designation then he has no competence to speak on the issues before the court,” they submitted.

“Allowing the prosecution to lead evidence from a witness that an adjunct Court has ruled to be wholly inadmissible would be to negate the operation of Section 252 of the aforesaid Criminal Procedure and Evidence Act. From the witness statement it is clear that Nyabvure is not intending to speak to any of the material issues before the court which include, the ownership of the property damaged,” the accused persons submitted.

The state is being represented by Mr Zivanai Macharaga.