News / Local
Biti's clerk bail ruling today
23 Feb 2022 at 05:41hrs | Views
The matter of the legal clerk, at Tendai Biti Law chambers, who is facing fresh two counts of fraud, continued yesterday with the State opposing bail.
The State led by Mrs Shambadzeni Fungura said Constantine Chaza was likely to commit similar offences if he gets freed.
She further stated that Chaza was also likely to abscond since he is facing two serious counts of fraud in which if convicted he faces custodial sentence. "Accused can commit similar offences if granted bail.
"He committed the first one in February 2020 and another one in October 2021," she said.
Harare Magistrate Mrs Munashe Chibanda deferred the matter to tomorrow for bail ruling.
On the first count, it is alleged that on February 26, 2020 and at the High Court of Zimbabwe in Harare, the accused person made a misrepresentation to the court by tendering a fake special power of attorney from Eliot Rogers in the matter in which the complainant Tendai Mashamhanda was the other party.
The court acted upon the misrepresentation and allowed the accused to file the papers.
The matter came to light when the complainant managed to contact Eliot Rogers in the United Kingdom who denied giving accused the said special power of attorney and the matter was reported to the police.
The special power of attorney tendered by accused was subjected to CID Forensic Laboratory for analysis together with other documents where Eliot Rogers signed and it was discovered that the documents were not signed
Both the special power of attorney and the report by the forensic expert can be tendered before the court as exhibits.
Evidence can be led from witnesses of the prosecution.
On the second count it is alleged that on October 18, 2021 and at High Court of Zimbabwe in Harare, Chaza tendered a fake special power of attorney allegedly from Eliot Rogers in the matter HC 5633/2021.
It is alleged that the matter came to light when complainant noted that the signature on the special power of attorney dated September 27, 2015 was different from the signature by Rogers on an affidavit drawn up on October 7, 2014.
A report was made to the police,
Investigations revealed that the two signatures on the said documents were not authored by the same person.
The special powers of attorney and the expert report can be tendered before the court as exhibits. Chaza was arrested on February 17, 2022 at the High Court of Zimbabwe in Harare.
The complainant in this matter is Piwayi Chiutsi.
Chaza is currently on $5 000 bail on perjury charges for filing a false statement under oath at the High Court.
The State led by Mrs Shambadzeni Fungura said Constantine Chaza was likely to commit similar offences if he gets freed.
She further stated that Chaza was also likely to abscond since he is facing two serious counts of fraud in which if convicted he faces custodial sentence. "Accused can commit similar offences if granted bail.
"He committed the first one in February 2020 and another one in October 2021," she said.
Harare Magistrate Mrs Munashe Chibanda deferred the matter to tomorrow for bail ruling.
On the first count, it is alleged that on February 26, 2020 and at the High Court of Zimbabwe in Harare, the accused person made a misrepresentation to the court by tendering a fake special power of attorney from Eliot Rogers in the matter in which the complainant Tendai Mashamhanda was the other party.
The court acted upon the misrepresentation and allowed the accused to file the papers.
The matter came to light when the complainant managed to contact Eliot Rogers in the United Kingdom who denied giving accused the said special power of attorney and the matter was reported to the police.
The special power of attorney tendered by accused was subjected to CID Forensic Laboratory for analysis together with other documents where Eliot Rogers signed and it was discovered that the documents were not signed
Evidence can be led from witnesses of the prosecution.
On the second count it is alleged that on October 18, 2021 and at High Court of Zimbabwe in Harare, Chaza tendered a fake special power of attorney allegedly from Eliot Rogers in the matter HC 5633/2021.
It is alleged that the matter came to light when complainant noted that the signature on the special power of attorney dated September 27, 2015 was different from the signature by Rogers on an affidavit drawn up on October 7, 2014.
A report was made to the police,
Investigations revealed that the two signatures on the said documents were not authored by the same person.
The special powers of attorney and the expert report can be tendered before the court as exhibits. Chaza was arrested on February 17, 2022 at the High Court of Zimbabwe in Harare.
The complainant in this matter is Piwayi Chiutsi.
Chaza is currently on $5 000 bail on perjury charges for filing a false statement under oath at the High Court.
Source - The Herald
