Online Reporter
Fidelis Munyoro-Chief Court Reporter
THE defence team for businessmen Mike Chimombe and Moses Mpofu has been accused by High Court judge Justice Pisirayi Kwenda of deliberately stalling proceedings as the court edges closer to sentencing the two criminals who have already been convicted of US$7 million fraud.
During a tense session, Advocate Tapson Dzvetero, representing the defence, requested a postponement of the pre-sentencing inquiry scheduled for tomorrow, citing a prior commitment to a strategic meeting. Justice Kwenda was unimpressed.
“You must come prepared for the pre-sentencing proceedings unless you want to boycott,” the judge said firmly.
Adv Dzvetero stood to explain his unavailability, but the judge cut through the explanation with a sharp reminder of the defence’s previous conduct.
“There is a clear tendency to boycott proceedings in this trial. It is unprecedented,” Justice Kwenda said.
“When this trial began, counsel would disappear. Even when directed to appear, they would not comply. In the last sitting, you were absent without the court’s excuse, despite the matter being postponed in your presence.”
Lead defence counsel, Professor Lovemore Madhuku, applied for a stay of proceedings and later sought leave to appeal to the Supreme Court over this procedural matter. Both applications were dismissed.
However, Prof Madhuku announced plans to file a third application before a Supreme Court judge when the court reconvenes for the pre-sentencing inquiry.
Chimombe and Mpofu were convicted of defrauding the Government of US$7 million through the Presidential Goat Scheme.
The upcoming pre-sentencing inquiry will determine appropriate penalties under newly introduced sentencing guidelines.
