Nyore Madzianike Senior Court Reporter
Three men appeared in court yesterday on allegations of misrepresenting to the High Court through affidavits that the Pomona stand sold to businessman Mr Alex Mashamhanda’s electronics company by Harare City Council was donated by its previous owner to the council for recreational purposes, so making the subsequent sale illegal.
Craig Joseph Guthrie, Kenneth Peter Moores and Graham Andria Clark appeared at the Harare Magistrates’ Courts charged with perjury, with the State accusing them of suggesting that land, that had been State land, had been owned by a private owner.
The three, who were represented by Advocate Thabani Mpofu, were not asked to plead when they appeared before magistrate Mrs Judith Taruvinga, who remanded them to September 15 on free bail.
The State led by Mrs Shambadzeni Fungura alleges that on June 16 this year, the three deposited a founding affidavit at Bulawayo High Court containing false statements.
Mrs Fungura alleges that Guthrie lied in the affidavit that stand No 37 Pomona Township, also known as Toremore Park, was donated to City of Harare by the late owner of Campbell Estate for recreational purposes.
Guthrie is alleged to have lied in the affidavit that the sale to Lagrandy Electrical Industries owned by Mr Mashamhanda was done unlawfully and the transaction was under investigation by police.
Moores is alleged to have stated in his affidavit that he agreed with Guthrie’s statements and said that the commercial stand was donated to City of Harare for a park and so the subsequent sale to Lagrandy Electricals was unlawful and under investigation by the police.
Clark allegedly associated himself with information contained in Guthrie’s affidavit.
Mr Mashamhanda went on to lodge a complaint with Borrowdale police since he believed that the sale was above board and he was the legal owner of the commercial stand.
Police investigations revealed that 37 Pomona Township was never donated to City of Harare, according to the State.
It was always State land, and had never been owned by the Campbell Estate as alleged in the affidavits. The land was surveyed in November 1937 and the title was given to the Governor of Southern Rhodesia in 1961, making it State land.
The State had it that the stand in question was never owned by Campbell Estate.