ASSESSORS’ AGES STILL A CONTENTIOUS ISSUE IN MPOFU, CHIMOMBE TRIAL

Mathew Masinge

THE ages of the two assessors, in the corruption trial of embattled business partners Moses Mpofu and Mike Chimombe, remained a contentious issue when the trial resumed at the High Court yesterday.

Lawyers representing the two businessmen have been seeking referral to the Constitutional Court after challenging the correctness of the court.

Mpofu is represented by Tapson Dzvetero and Garikayi Sithole while Chimombe is represented by Professor Lovemore Madhuku and Arshiel Mugiya.

The duo is on trial for fraud, involving US$7,7 million, in funds which were allegedly siphoned from the Presidential Goats Pass-On Scheme.

The matter has been postponed to October 29 to enable the record of proceedings from the Magistrates Court to be uploaded via the Electronic Case Management System.

Through their lawyers, Mpofu and Chimombe are still challenging roles being played by two assessors sitting with Justice Pisirayi Kwenda.

“At this stage, age limits are very critical, any judicial officer involved in a criminal trial at the High Court must be alert throughout.

“The law says, a judge of a superior court must not exceed 70 years, we are challenging the correctness of the court.

“Can the referral of such a question be deemed frivolous or vexatious, is there a state of affairs that permits appointment of assessors above 70 years in a criminal trial?” said Professor Madhuku.

Justice Kwenda responded saying the court was sitting as a criminal court and all due processes must be followed.

The judge also warned the lawyers against moving the court into commenting on their application based on what social media naysayers are gathering.

It is the State case that Mpofu’s company Blackdeck was contracted to supply 632 001 goats and got paid US$1,6 billion, which was equivalent to US$7.7million, but only supplied 4 208 goats.

He misrepresented his company to the Ministry of Lands, Agriculture, Fisheries, Water and Rural Development.

The State said Chimombe’s company, Millytake Enterprise, lost the tender during the bidding process and was sub-contracted to supply the goats after Blackdeck won the contract.