By Court Reporter
Harare magistrate Ngoni Nduna has dismissed an application for exception filed by justice fugitive Kenneth Raydon Sharpe’s owned Pokugara properties managing director Michael John Van Blerk who are facing perjury charges.
Van Blerk through his lawyer Advocate Tawanda Zhuwarara had argued that the perjury charges were flawed and do not establish an offence at law when he submitted his application for exception in the matter in which land developer George Katsimberis is the complainant.
In October 2018 at High Court Civil Division Harare, Michael John Van Blerk in his personal capacity and of Pokugara Properties jointly or intentionally lied in an affidavit deposed a statement in case HC8943/18 knowing that the statement is false that is to say the two accused persons tendered an affidavit and swore in case HC8943/18 and lied that a show house built by Katsimberis, did not have approved building plans from the City of Harare yet in actual fact the plans were approved.
Van Blerk allegedly further lied that the applicant had applied a building plan Under MP1683/17 yet it was one or both the accused persons who made such an application on stand 8. The first accused further lied that the complainant had constructed a show house on stand 10 instead of Stand 9 yet in actual fact the show house was built on Stand 9. Both accused persons pleaded not guilty and excepting to the charge.
The show house in question was constructed by Katsimberis under a botched joint venture deal with Pokugara Properties principal, Ken ko Sharpe, who is said to have controversially pulled out from the deal.
Magistrate Nduna dismissed the application for exception saying the arguments presented by the defence were untenable.
The matter has been postponed to February 16, 2022 for continuation of trial.
For nearly two years, Van Blerk was avoiding trial and at said to be suffering from a condition known as catatonic seizure and has twice been assessed by a government medical officers at Parirenyatwa group of hospitals.
In October 2021, Van Blerk failed to appear at the Harare Magistrate Courts after it emerged that he was involved in a horse ride accident and unable to navigate stairs into the courtroom.
Van Blerk is now fit to stand for trial despite being on wheelchair and walking stick.
Sharpe is currently at large and believed to be hiding in Mauritius with his confidante of Russian origin Tatiana (Aleshina) Ellis doing most of the business on his behalf.
The self exiled Sharpe is facing a litany of charges ranging from money laundering and corruption emanating from shoddy land dealings in Harare worthy nearly US$2 billion.
His companies which include Augur Investments OU, West Properties and Sunshine Development are under litigation
He has not set foot in the country since 2017 and is on the anti-corruption unit wanted list.