Mashwede proprietor’s son Tendai Mashamhanda who took Tendai Biti’s clerk to court on two counts of fraud he duped him in a property sale deal has piled pressure to have the matter solved.
Biti’s clerk Constantine Chaza filed a successive application for an exception to stop. the case and had his second application filed on Tuesday after the amendment of the charges.
In their second exception application, Chaza had submitted that the facts of the allegations were not clear and do not disclose an offence.
But the state represented by Shambidzeni Fungura said she will respond to their application in writing and the matter was deferred to Monday for the ruling.
Constantine Chaza had his recent application for exception dismissed. In that application, he also argued that the charges on the State outline do not constitute an offence. Prosecutor Fungura opposed the application telling the court that she will file her response by late yesterday.
On the first count, it is alleged that on February 26, 2020, at the High Court in Harare, Chaza tendered 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 Chaza to file the papers. The matter came to light when Mashamhanda managed to contact Rogers in the United Kingdom who denied giving Chaza any power of attorney and the matter was reported to the police.
The special power of attorney tendered by Chaza was checked out by the CID Forensic Laboratory for analysis together with other documents that Eliot Rogers signed and it was allegedly discovered that the documents were not signed by the same person.
On the second count, it is alleged that on October 18 2021 at the High Court in Harare, Chaza again allegedly tendered a fake special power of attorney from Rogers in another case.
It is alleged that the matter came to light when the complainant, Piwayi Chiutsi, 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 were not authored by the same person.
Investigations revealed that the two signatures were not authored by the same person. Chaza is on $5 000 bail on another matter involving perjury charges after allegedly filing a false statement under oath at the High Court.