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Prosper Dembedza
Court Correspondent
Three Harare men appeared in court for perjury after they falsified in an affidavit which was submitted to the High Court that the land in Pomona, Borrowdale in Harare was donated by their family member and was supposed to be a park.
Craig Guthrie (50), Kenneth Moores (50) and Graham Clark (60) were facing perjury charges when they appeared before Harare magistrate Judith Taruvinga.

They remanded out of custody to September 16 for trial.

The complainant is Mr Alex Mashamhanda a director at Lagrandy Electrical Industries (Pvt) Limited.
The court heard that on June 16, at Bulawayo High Court, the accused persons acted in connivance and filled a founding affidavit HC 978/21 with a false statement.

The court heard that they filled that number 37 Pomona Township known as Toremore Park was donated to City of Harare from the deceased estate known as Campbell Estate on condition that the land remains as a park for the enjoyment of residence of that area It is the State’s case that Guthrie also stated in paragraph 12 of the affidavit that the lawfulness of the sale of number 37 Pomona Borrowdale by Harare city to Lagrandy Electrical Industries Private Limited is under investigation at Harare Metropolitan and the national police force.

It is alleged that Moores, in his founding affidavit paragraph 3, stated that he confirmed that he read and understood the founding affidavit of Guthrie and fully associated himself with the averments Guthrie made in founding affidavit including paragraph 8 and 12.
The State alleges that in his paragraph 4, Moores stated that stand number 37 Pomona Township was donated to City of Harare by the deceased estate for specific use as a park.

It is alleged Moores also stated in paragraph 6 that he confirms that the purported transaction between City of Harare and Lagrandy Electrical Industries (Pvt) Limited for the sale the land is currently under investigation by Harare Metropolitan police and the national police.

The State alleges that Clark, in his founding affidavit stated in paragraph number 4 that he confirmed that he read and understood the founding affidavit by first accused person and fully associated himself with the averments the first accused person made in his affidavit.

In his paragraph 5 of the affidavit, Clark stated that stand number 37 Pomona was donated to the City of Harare from a deceased estate for use as a park.

Clark further stated in first paragraph 7 that the lawfulness of sell of number 37 Pomona Borrowdale Harare City to Lagrandy Electrical Industries Private Limited is under investigation at Harare Metropolitan and the national police force.

Mashamhanda then filed a report at ZRP Borrowdale and investigations were carried out and it came to light that number 37 Pomona Township was never owned by Campbell Estate as alleged by the accused persons in their founding affidavit.

The property was allegedly surveyed in November 1937 and the title was issued to the governor of Southern Rhodesia in 1961.

The property was later transferred to the Municipality of Salisbury on July 25, 1961.

The history of the property shows that it was never owned or leased to the Campbell Estate hence the accused persons gave the court a false statement while under oath.

The case was reported at ZRP Borrowdale and the accused persons were arrested.