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Lawyer sues Kereke for $2 million

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HARARE lawyer Charles Warara has sued former Reserve Bank of Zimbabwe top official Munyaradzi Kereke demanding $2 million for alleged defamation.

HARARE lawyer Charles Warara has sued former Reserve Bank of Zimbabwe top official Munyaradzi Kereke demanding $2 million for alleged defamation.

SENIOR COURT REPORTER

In the claim, Warara said he was defamed while representing a 12-year-old girl allegedly sexually abused by Kereke.

The matter, which is still at the pre-trial stage at the High Court, cites James Makiya, Muswapadare Taruvinga, Anna Taruvinga and Kereke as first, second, third and fourth respondents respectively.

He argued that a letter published by Makiya in the Daily News last year, at the behest of his co-respondents, damaged his professional reputation by claiming that he (Warara) instead was “abusing the girl”.

Initially, Warara had submitted a $500 000 claim, but in February this year revised the figure to $2 million.

“In August 2012, first defendant (Makiya) published or caused to be published a letter in the Daily News of August 23, 2012 in which he wrongfully and falsely claimed that plaintiff (Warara) had acted unprofessionally because he had no instructions to act on behalf of the alleged rape victim,” Warara said.

“The publication of the said letter was malicious and ignored and aimed at harming the good reputation of the Plaintiff. In light of the above circumstances, it is clear that defendants published defamatory information damaging Plaintiff’s reputation and standing as a senior lawyer in the profession.”

In response to the application Kereke said: “The summons and declaration do not allege that the fourth defendant (Kereke) published any statements of and concerning the plaintiff . . . The fourth defendant denies that he published or caused to be published the statements complained of, whether as alleged or at all.

“The fourth defendant is not casually connected to the first defendant’s authorship of the minute complained of or to the admitted giving of such instructions by the second and third defendants. The allegations of fact do not relate to the fourth defendant and he has no knowledge thereof.”

According to Warara, sometime in August 2010, he received instructions from the guardian of an 11-year-old rape victim to act on her behalf, but in November of the same year, his client expressed concern over the progress of the matter’s investigations.

He said he was then instructed to follow up on the matter with authorities concerned whereupon he wrote to the police and the Attorney-General Office (AG) in July last year, seeking clarification on their attitude towards prosecution of the matter.

Kereke’s co-defendants have also filed their defence to the claim, arguing they never defamed Warara in any way.