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Court still withholding transcript in Ken Sharpe witness case

by Simbarashe Sithole
12 Dec 2022 at 18:02hrs | Views
The Harare Magistrate Court still has not released the transcript of its ruling on 18 November denying bail to the former City of Harare chief building inspector Roy Nyabvure to allow him to appeal against the judgment at the High Court.

Nyabvure was arrested early last month after he was reported to the police by businessman Ken Sharpe's company, Pokugara Properties for breaching council housing procedures. 

He was denied bail by Magistrate Taurai Manuwere on 17 November but for the past 26 days, the court has failed to release his transcript so that he can appeal against the ruling at the High Court.Without the transcript, Nyabvure's lawyer Millicent Moyo said her client cannot challenge the court's decision.In an interview, Moyo said she has asked for the record and had been repeatedly told that it was being transcribed.

"On December 1, Manuwere made an undertaking that the transcript would be out on Monday last week. I checked on Monday (5 November) and Tuesday (6 November). There was nothing and up to now, the transcript is still not out," Moyo said.

"Since 17 November when he (Nyabvure), we have not been able to get the record despite having several requests to the clerk of court.

"What we want is a transcribed copy of the record, but if it is not available, we can do with a copy of the magistrate's notes. Despite requests, we have not been granted access to the record so that we can have it photocopied. The record in either form is necessary. It is an essential requirement on a bail application in an appeal against refusal of bail. The appeal will not be filed in the High Court unless it is accompanied by a record.""She added: "It (transcript) is a very small record and we don't know why it is taking forever to release it."

Nyabvure is currently admitted at a private hospital under police custody. He was arrested despite that is a State witness in another case where land developer George Katsimberis is suing Pokugara, Sharpe, Aleshina Tatiana and some council officials for perjury. The former council chief housing inspector was arrested at court before he could testify against Sharpe after Acting Deputy Prosecutor-General Michael Reza wrote to the police claiming the former council official had finished testifying. 

Nyabvure is both a State witness and an accused in a case based on the same facts. 

Moyo said the court's delay in releasing the transcript has caused untold suffering to him because of his failing health, disclosing that he was given the wrong medication while in remand prison which his personal physician had discontinued a long time ago after observing that it was not suitable for him." 

He (Nyabvure) made the complaint to the personal doctor when he eventually saw him. He has a serious medicalcondition," she said.

Nyabvure was also detained in class D cells at the remand prison, cells meant for hardcore criminals. Before his arrest, Nyabvure had reported Sharpe's aide Tatiana Aleshina to the Zimbabwe Anti-Corruption Commission claiming that she interfered with his case after allegedly writing a letter on June 12, 2019, to town clerk Hosiah Chisango. Aleshina allegedly wrote the letter a day after Nyabvure gave a statement to the police against Sharpe and his associates.

Pokugara once caused the arrest of Katsimberis on the same facts on a matter he is a witness against Sharpe and his company. 

He has been appearing in court pursuing perjury and malicious damage to property cases against the group who are witnesses in his case.

Source - Byo24news