Controversial Waverly managing director Aron Vico has approached the High Court in a desperate bid to avoid a possible prosecution by seeking to bar one of the company’s employee Laxi Boddapati from testifying before Harare Regional magistrate Vongai Muchuchuti Guwuriro.
Boddapati was summoned by the Court to testify in a matter were Amanda Berkowitz nee Cohen is being charged for perjury emanating from control of Waverly Plastics which Vico together with his mother Debra have allegedly grabbed from Amanda Berkowitz and Belynda Halfon through forgery of company documents.
Vico and his mother Debra Vico are embroiled in an inheritance dispute with Berkowitz and Halfon the row includes staff members Laxi Boddapati and Marco Faccio, who are alleged to have taken control of the late businessman’s empire and are accused of sidelining Berkowitz and Halfon.
Vico reported Berkowitz to the police alleging that she committed perjury in an affidavit that he deposed with the High Court stating that she had shares in Waverley Plastics.
He claimed that the memorandum and articles of association executed by company consultants, Maxwell Maheya and Lynette Mutema of A&J Arthurson, bore forged signatures.
Berkowitz is, however, denying the offence. She has appeared before the magistrates’ court several times and was not given the opportunity to testify.
Berkowitz then wrote to the courts complaining about the procedure, where the court has been demanding her defence documents in advance.
“Bearing in mind that presumption of innocence has not fallen away and the burden of proof rests on the State, the State has all the machinery and resources available to it, to have thoroughly played its role in investigating and ensuring that it has all the documentation relevant and connected to this case, which it would have obtained in that regard,” Berkowitz wrote.
Vico is also facing private prosecution for fraudulently seizing companies of the late Victor Cohen.
Cohen’s daughters Amanda and Belynda argue that Vico is being protected by the courts and law enforcement agents or state capture using corrupt tendencies.
According to letters seen by this publication in August this year, Cohen-Berkowitz approached the Harare magistrates court requesting that the case be allocated a date.
On November 23, 2020, Prosecutor General issued a certificate nolle prosequi- a certificate that paved the way for a private prosecution.
Cohen-Berkowitz and her sister are embroiled in an inheritance wrangle with Vico, his mother Debra Vico and staff members Laxi Boddapati and Marco Faccio.
“We make reference to the above matter in which we have been instructed to proceed with the above matter for private prosecution. Attached hereto is the certificate nolle prosequi in respect of the above matter granted by the prosecutor general on 23 November 2020,” reads the letter sent to the magistrates’ courts by lawyers Warara and Associates Legal Practitioners who are representing Cohen-Berkowitz.
“We request that this matter be allocated an appropriate court date in the regional court as soon as dates are available.”
In 2021, Cohen-Berkowitz claimed that Vico was harassing them with the help of the police from Braeside and the courts.
This year Berkowitz reported a case against Vico where she accused him of forging company documents to wrest the company from them.
She also accused the police of corruptly neglecting to arrest Vico due to his influence. The matter has been postponed to the 30th of November 2022.
