State dismiss law firm employee request

19 Jan, 2022 - 12:01 0 Views
State dismiss law firm employee request

The Herald

Crime Reporter

The State has argued against an application for request of further particulars made by a legal clerk at Mr Tendai Biti’s law firm, who is accused of filing a false statement under oath at the High Court, citing that he had been served with sufficient details over the case.

This comes after the law firm employee Constantine Chaza had submitted at the Harare Magistrate court requesting the State to furnish him with further particulars to the charges and outline of the case.

In his request, Chaza wanted to know the exact the words from the affidavit which were alleged to the false and to be provided with specific quotes of the alleged false declarations or statements.

Part of the requests further reads, “Is it admitted that the accused deposed to the alleged affidavit on behalf of Elliot Rogers (his client)? If It is alleged that the accused deposed to the affidavit on behalf of Elliot Rodgers, are the alleged falsehoods being attributed to Elliot Rodgers or to the accused?”

However, prosecutor, Mr Tapiwanashe Zvidzai, then argued against the application yesterday when Chaza appeared in court, citing that what has been served was sufficient.

The matter was then remanded to early next week.

The court heard that on February 2019, Chaza made a statement under oath and filed it at the High Court under reference number HC1444/19.

In the affidavit Chaza lied that the transfer of a property at 41 Ridgeway North in Highlands to businessman Mr Tendai Mashamhanda was as a result of a deed donation.

Chaza also lied that no capital gains tax was paid on the Zimbabwe Revenue Authority and that lawyer Puwayi Chiutsi and not Jacqueline Sande was the conveyancer in the matter.

The court heard that the transfer of the property into Mr Mashamhanda’s name started on January 25, 2019 and was completed on February 8, 2019.

A capital Gains Clearance certificate was issued on February 7, 2019 and Ms Sande of Sande Legal Practice was the conveyancer.

In October last year, Mr Tendai Mashamhanda also filed another report to police against Chaza, accusing him of forging signatures of a power of attorney.

In the long running civil dispute over ownership of the Highlands property, Mr Mashamhanda wanted Chaza be investigated on suspicion of allegedly forging signatures on the document on behalf of his client, Mr Elliot Rogers who is reported to be based in the United Kingdom.

The matter was reported at Harare Central Police Station and Mr Mashamhanda also wanted the police to establish if Mr Rogers is still alive or not, as part of the investigations.

High Court Judge, Justice Tawanda Chitapi ruled that businessman Mr Mashamhanda was the legal owner of the 4 377 square metre property worth over US$230 000 having bought it in 2019 through an auction after it had been attached from Harare lawyer Mr Puwayi Chiutsi following a wrangle with his former client Mr Elliot Rodgers over US$70 000 of trust money.

During the wrangle, Mr Rogers was reported to have written and signed a power of attorney, authorising Chaza to sign all necessary documents in pursuance of his claims against Mr Chiutsi.

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