Ruling on Biti’s clerk set for October 11

Source: Ruling on Biti’s clerk set for October 11 | The Herald

Prosper Dembedza Herald Correspondent

The State has insisted on using affidavits and documents which were fraudulently filed at the High Court and Supreme Court by Constantine Chaza, a legal clerk with CCC co-vice president Tendai Biti’s law firm in his trial.

Prosecutor Mrs Shambadzeni Fungura told the court that such documents should be admissable in the trial as they form part of the record of proceedings.

She further submitted that Chaza tendered in court documents in a series of applications trying to avoid the commencement of trial which he insisted were genuine documents.

The prosecutor said now that the trial commenced they are now disputing the documents thereby contradicting their applications and disowning the special power of attorney and the affidavits filed at the High court and Supreme Court.

Chaza stands accused of forging a signature on a power of attorney used in two civil cases.

Harare magistrate Mrs Munashe Chibanda deferred the matter to October 11 for ruling.

Chaza, through his lawyer Admire Rubaya last week objected to the production of the affidavits saying they were not admissible in court as they were not certified. Even the special power of attorney, with an allegedly forged signature used to release property was, he argued, a private document whose authenticity was now being challenged.

“This court is however, being asked to look through the document and ascertain if it was signed by the accused in question, forging the signature of Elliot Rogers. This trial would be rendered unfair if these documents are accepted in court,” said Mr Rubaya.

Mrs Fungura had told the court that since those documents were filed in the courts in a series of civil hearings, they had become official and public documents, and were already part of the record of those proceedings, and so can be used in the criminal trial of Chaza.

Chaza is charged with fraud and perjury.