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Prosper Dembedza Herald Correspondent

A Harare magistrate has dismissed an application for removal from remand by two Borrowdale men who erected an illegal billboard denouncing a property developing company.

Grant Russel a director of Fairclot Investments and Mark Strathen of Paragon Printing appeared before magistrate Evelyn Mashavakure.

They are facing criminal nuisance charges.

The duo had filed their application for refusal of remand through their lawyer Tendai Biti saying they have a prospect of success in their application for appeal filed at the Supreme Court.

They are also challenging a High Court order to proceed to trial after an unsuccessful attempt to have the charges quashed.
Magistrate Mashavakure dismissed their application for removal from remand saying there was no need to remove them from remand as there is no reason submitted in court on why the duo has to be removed from remand.

She said there was no order for stay of proceedings and also no document of the case development proof on why the matter at the Supreme Court is still not determined.

Mashavakure also advised the accused persons to follow up on the application with the Registrar of the Supreme Court for the update.
“Follow up with the Registrar on the application because we cannot stop the proceedings. You need to provide something from the Registrar to show you have been following on the matter,” she said.

However, the State represented by Shambadzeni Fungura advised the court that they intend to start the trial of the matter on 17 March, saying they are ready for the trial.

She added that there is no stay and nothing is stopping this trial from proceeding.

Mrs Fungura said she is ready for the trial and proposed 17 March for it’s commencement.

Biti however, opposed the date saying the matter should be postponed to a longer date saying the trial will not proceed as he wanted to approach the Constitutional Court on the violation of the rights of his clients.

Biti said the matter should be postponed to March 28 saying he will file a Notice to apply to ConCourt.

However, the magistrate postponed the matter to March 14.

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 that was written on the billboard.

The State alleges that the billboard erected by the two had contents that 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 the two’s arrest.