Illegal Borrowdale billboard erector issued with warrant of arrest again

Source: Illegal Borrowdale billboard erector issued with warrant of arrest again | Newsday (News)

By staff reporter
Two Harare men who are accused of erecting an illegal billboard denigrating a land developing company has been issued a warrant of arrest for the second time consecutively.

Paragon Printing director Mark Strathen and Fairclotte Investments director Grant Russell failed to appear in court on criminal nuisance charges.

The duo recently had their application for review dismissed by High Court judge Justice Bachi Muzawazi.

Russell and Strathen who are represented by Tendai Biti last year filed the application for exception to charges of criminal nuisance which was dismissed by Harare magistrate  Shane Kubonera on the grounds that it was marred by triable issues.

In dismissing their application for exception Kubonera the duo must stand trial to answer to their allegations.

Aggrieved by the dismissal of their application Russell and Strathen filed a review of Kubonera’s determination at the High Court.

Justice Bachi Muzawazi dismissed their application saying she find no reason to interfere with the incomplete proceedings before the primary court.

Russell and Strathen are the applicants together with their companies as first applicant to fourth respectively.

They cited magistrate Kubonera and the State prosecutor Shambidzeni Fungura as respondents.

The duo had challenged that the contents of the billboard did not disclose an offence.

They further said they argued that the contents of the billboard did not interfere with the ordinary comfort, convenience, peace or quite of the public or any section of the public thereof.

Magistrate Kubonera turned down the application on the defective charge, and did not make a determination on the Constitutional arguments ruling that, a determination on the appropriateness of the charge, whether it disclosed an offence or not cannot be made at that stage but only after hearing evidence.

After that decision by Kubonera the duo filed an urgent chamber application for stay of those proceedings pending the review.

Kubonera and Fungura however challenged the applicants saying the words used by the duo fall within the ambit of criminal nuisance hence it discloses an offence and that his dicision was not grossly irregular or irrational.

The post Illegal Borrowdale billboard erector issued with warrant of arrest again appeared first on NewsDay Zimbabwe.

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