Court dismisses application over Borrowdale billboard 

Source: Court dismisses application over Borrowdale billboard | The Herald

Prosper Dembedza Court Correspondent

Harare magistrate Mr Shane Kubonera has dismissed an application for exception filed by two men who allegedly erected an illegal billboard in Borrowdale, Harare.

In dismissing the application the magistrate said Biti’s application was marred by triable issues.

Soon after his application was dismissed Biti stood up and told the court that the State must not proceed to trial before furnishing his clients with further particulars.

Responding to Biti’s request prosecutor Mrs Shambadzeni Fungura told the court that it was now the third time in court with Biti is making the same application.

She said she already furnished Biti with the further particulars he is keeps on requesting for.

“He once sent his his messenger and I furnished him with the further particulars. He, again, sent Themba Chaza to collect the particulars and I gave him before he appended his signature,” she said.

Mrs Fungura further submitted that she has photocopies of the further particulars which she gave to the defence.

Mr Kubonera deferred the matter to November 2.

Biti is representing Grant Russell and Mark Strathen on criminal nuisance charges.

The court heard that on December 10,2020 at around 2pm at a place opposite Celebration Centre,Borrowdale, Harare the accused persons erected a billboard with damaging information on West Properties in a bid to tarnish its image.

It is the State’s case that Russell and Strathen caused false alarm to the public through the information which was written on the billboard.

The court heard that the billboard erected by the two had contents which were likely to interfere with ordinary comfort or convenience of the complainant’s clients.

The complainant made a report to the police leading to their arrest.