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Prosper Dembedza Herald Correspondent

Harare Magistrate Mrs Vongai Guwuriro has dismissed an application by George Katsimberis’s lawyer advocate Tinomudaishe Chinyoka to have Deputy Prosecutor General Mr Michael Reza into the witness stand as a witness.

In dismissing the application the magistrate ruled that  Mr Reza cannot be compelled to testify in a case in which he is prosecuting because, in such a situation, who will be the state representative?

She said, is the defence suggesting that it would be leading the proceedings.

“This is an unusual application as can be seen by the fact that there is no previous case law dealing with such a situation.

“Section 229 provides for the calling of witnesses. There is a process that is followed. A party to a case cannot just say in court l want that person to take the witness stand and be my witness,” ruled Mrs Guwuriro.

She further stated that the amiability and integrity of the court must be preserved at all times and acceding to the defence application would lead to the integrity of the court being affected.

Advocate Chinyoka had submitted that he wanted the court to compel Mr Reza to the witness stand for cross-examination in his client’s application.

Mr Reza refused saying the defence wishes to pursue an improper route.

“I’m an officer of the court and everything that I said in this trial is consistent with my role as a prosecutor.

The defence once said the State was petty and I did not call him to the witness stand to testify,” said.

Mr Reza said advocate Chinyoka once raised these issues before and they were dealt with at that time.

“The defence wants to bring drama into this honourable court by latching on a straw,” he said.

Mr Reza further submitted that if he had done something outrageous in this trial the magistrate and the judge would have reprimanded him.

“My position is correct at law that I cannot be compelled to be a witness in a matter in which I’m the prosecutor,” he said.

Katsimberis is accused of building a showroom in Borrowdale without an approved building plan resulting in the showroom being demolished.