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Prosper Dembedza Herald Correspondent

Ruling in an application for refusal of further remand filed by two Harare men who allegedly erected an illegal billboard with damaging information to a local property developing company has been set for February 14.

Grant Russel a director of Fairclot Investments and Mark Strathen of Paragon Printing are facing criminal nuisance charges.

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

They are also challenging a High Court order to proceed to trial in their matter after they unsuccessfully sought the court to quash their charges.

They had filed their application for exception at the lower court saying the charges were defective and must be quashed. However, Harare magistrate  Shane Kubonera dismissed their application saying they raised triable issues.

Aggrieved by the dismissal of their application, they approached the High Court for review but the upper court again ordered them to proceed to trial and defend themselves.

The state led by Shambadzeni Fungura is on record challenging accused persons to trial to no avail.

It is the State’s case that on December 10, 2020, at around 2 pm 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 which 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 their arrest.