Source: Trial date set for Biti’s clerk | The Herald
Prosper Dembedza Court Correspondent
The trial for the legal clerk with Tendai Biti Law Chambers who is facing two fresh counts of fraud has hit a brickwall after the accused told the court that he needed certain documents to prepare his defence.
Constantine Chaza is facing two counts of fraud.
Harare magistrate Mrs Munashe Chibanda postponed the trial to April 25 for trial commencement.
On the first count it is alleged that on Fabruary 26, 2020 and at the High Court of Zimbabwe in Harare, the accused person made a misrepresentation to the court by tendering a fake special power of attorney from Eliot Rogers in the matter in which the complainant Tendai Mashamhanda was the other party.
The court acted upon the misrepresentation and allowed the accused to file the papers.
The matter came to light when complainant managed to contact Rogers in the United Kingdom who denied giving accused the said special power of attorney and the matter was reported to the police.
The special power of attorney tendered by accused was subjected to CID Forensic Laboratory for analysis together with other documents where Rogers signed and it was discovered that the documents were not signed.
It is alleged that both the special power of attorney and the report by the forensic expert can be tendered before the court as exhibits. Evidence can be led from witnesses of the prosecution.
On the second count it is alleged that on October 18, 2021 and at High Court of Zimbabwe in Harare, Chaza tendered a fake special power of attorney allegedly from Rogers in the matter HC 5633/2021.
It is alleged that the matter came to light when complainant noted that the signature on the special power of attorney dated September 27, 2015 was different from the signature by Rogers on an affidavit done on October 7, 2014 and a report was made to the police.
Investigations revealed that the two signatures on the said documents were not authored by the same person.
It is further alleged that the special powers of attorney and expert report can be tendered before the court as exhibits. Chaza was arrested on February 17, 2022 at the High Court of Zimbabwe in Harare.
The complainant in this matter is Piwayi Chiutsi.
Chaza is currently on $5000 bail on perjury charges after filing a false statement under oath at the High Court.
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