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Prosper Dembedza Herald Correspondent

Pokugara Properties operations manager Mrs Tatiana Aleshina has accused builder George Katsimberis of misrepresenting facts in his false allegations against her company. She alleges the Katsimberis is the one who committed fraud.

Mrs Aleshina revealed this in her notice of opposition to an application by Katsimebris, in which he is seeking invalidation of a deed of settlement which was affirmed by the Supreme Court in one of their disputes.

Mrs Aleshina argued that it is actually Katsimberis who committed fraud to her company by producing building plans that had not been approved by the City of Harare.

The resolution of the deed was to withdraw existing proceedings between parties to the deed including Augur Investments owned by businessman Kenneth Sharpe.

Katsimberis has also sued the Prosecutor General (PG) on alleged grounds that his opponents were getting favours from prosecution.

In this case Katsimberis cited Local Government Minister July Moyo, Augur Investments, Aleshina, Pokugara Properties, City of Harare, magistrate Vongai Muchuchuti, Justice minister Ziyambi Ziyambi and the Attorney General Prince Machaya as respondents in that matter.

Mrs Aleshina responded to Katsimberis’ lawsuit, citing that it would be incompetent to impugn a Supreme Court order.
Aleshina accused Katsimberis of being economical with the truth forgetting the respondents were criminally charged at his instance but acquitted due to lack of evidence.

She also mentioned several times that Katsimberis did not have any direct interest in the matter nor was he a participant in any of the agreements which leaves doubt as to his real motivation for pursuing such an application.

“The application is also founded upon material non-disclosures and misrepresentation of facts.

The applicant (Katsimberis) said the PG has failed to act on complaints he made against Pokugara and its officials as well as the City of Harare, alleging perjury and malicious damage of property respectively.

“This, in fact, is not true. What Katsimberis conveniently fails to disclose is that both matters have in fact been brought to trial, which trials have since commenced and are pending in the magistrates court, the first being under case number CRB-ACC 45/21 for malicious damage to property and the second being CRB-ACC 241-242/21 for perjury.

Aleshina said the non-disclosure is clearly in bad faith and misleading to the court as it was clear that Pokugara was not immune to prosecution.
The court is invited to express its displeasure through a punitive order as to costs against such deplorable conduct and abuse of its process by the applicant.

“It is not correct that the deed of settlement creates any immunity from prosecution as suggested by Katsimberis.

“It is incorrect and a misconception of the deed of settlement to allege as does Katsimberis that there was a delegation of power to exercise any functions which the PG has in terms of the law to the minister,” she said.

She further stated that the deed was clear that parties to it who include Minister Moyo had taken both civil and criminal remedies against each other which they in terms of the deed resolved to settle and withdraw, which they are perfectly entitled to do.

“There is therefore no interference whatsoever with the function of the PG who remains independent in the discharge of such functions,” said Mrs Aleshina.