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Fidelis Munyoro-Chief Court Reporter
THE High Court has dismissed an application by Mike Chimombe and Moses Mpofu to refer their case to the Constitutional Court (Concourt), describing their claims as “frivolous and vexatious.”
The two are facing charges of fraud for allegedly embezzling US$7,7 million from the Presidential Goat Pass-On Scheme.
Chimombe and Mpofu had raised objections concerning their arrest, detention, and pre-trial procedures, arguing that these issues warranted a constitutional review.
However, their application to halt the trial and seek a referral to the Constitutional Court stalled proceedings that were initially scheduled to begin in early October.
Presiding over the matter, Justice Pisirayi Kwenda rejected the application, clearing the way for the trial to proceed.
“The application for referral of the matter to the Constitutional Court raised by the accused is frivolous and vexatious, therefore, it is dismissed,” he ruled.
Following the dismissal, the trial has now been rescheduled to resume on February 10 next year.
However, the defence team is reportedly preparing to pursue a direct application to the Constitutional Court.
“Our clients are of the respectful view that the decision of the court is erroneous and they do not agree with the findings,” said Advocate Tapson Dzvetero, who is representing Mpofu.
“They have accordingly instructed us to take up the matter with the Constitutional Court.”
The prosecution had opposed the referral, arguing that the application lacked legal merit and was only delaying the trial.
Central to the dispute was whether the trial should be paused pending the Constitutional Court’s review of the referral request.
Chimombe and Mpofu had alleged constitutional violations, claiming that this warranted intervention by the higher court.
Online Reporter