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Fidelis Munyoro
Chief Court Reporter
Businessmen Mike Chimombe and Moses Mpofu, accused of fraud involving US$7 million meant for the Presidential Goats Scheme, have launched a fresh bid for bail at the High Court.
This comes after the pair lost their appeal at the High Court following indictment for trial before the same court in two months’ time.
The pair was indicted for trial at the higher court a day before their appeal was heard.
The indictment meant the matter was now before the High Court and the magistrate’s court had no jurisdiction to hear their case, a development that affected their appeal, rendering it academic.
Chimombe’s lawyer Mr Tapson Dzvetero yesterday confirmed making a fresh bail application at the High Court.
“Following last week’s ruling, we have now filed a fresh bail application pending trial before the High Court. We are now waiting for a date of hearing,” said Mr Dzvetero.
After the pair approached the High Court challenging the remand court decision refusing them bail, Justice Pisirayi Kwenda tossed out the appeal on the grounds that the two had been indicted for trial at the higher court.
This, the judge ruled, rendered their appeal moot, at law. This meant that the pair could not appeal against the remand court decision when the matter was now before the High Court for trial.
The legal process requires that an accused who has been indicted for trial in the High Court be committed to prison until he is brought before the High Court for trial for the charges he or she is facing.
Charges against Chimombe and Mpofu arose when the two allegedly forged documents to win the tender to supply goats under the Presidential Goat Scheme.
Bongani Ndlovu
Online Reporter