Georgios Katsimberis v The Prosecutor General & 5 Ors

HH 611-22

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Case Details

Court

Harare High Court

Date

12 September 2022

Citation

HH 611-22

Neutral Citation

[2022] ZWHH 611

Outcome

unknown

Case Type

Application

Bench

Presiding

MUSITHU J

Full Bench

MUSITHU J

Areas of Law

Constitutional LawCriminal LawCriminal Procedure

Keywords

right to silenceself-incriminationparallel prosecutionsconstitutional rightsfair trialabuse of process

Key Issues

{"issue_text":"Whether the parallel prosecution of the applicant as both witness and accused on the same facts violates his constitutional rights to silence, fair trial, and equal protection of the law","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicant simultaneously appearing as witness and accused; same facts underlying all charges"}
{"issue_text":"Whether the court should grant a permanent stay of prosecution","issue_type":"procedural","dispositive":"yes","related_facts":"Alleged constitutional violations; ongoing trials in lower court"}

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background

Facts of the Case

Background

Applicant, who was simultaneously appearing as a witness in perjury and malicious damage to property cases and as an accused in a fraud case involving the same facts, sought a permanent stay of prosecution alleging violations of his constitutional rights including right to silence, fair trial, and equal protection of the law.

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