Online Reporter
Fidelis Munyoro-Chief Court Reporter
The High Court has deferred the decision on whether the original goats supply tender document, central to the US$7 million fraud allegations against business partners Mike Chimombe and Moses Mpofu, can be introduced midway through the trial.
The matter, tied to the Presidential Goats Pass-On Scheme, will now await determination on July 21. This postponement follows an agreement between the prosecution and defence to adjourn proceedings due to scheduling conflicts and the need for Justice Pisirayi Kwenda to deliberate further on the contentious legal submissions raised by the defence.
The trial is set to resume in July, with unresolved questions surrounding the document’s admissibility still looming over the court’s agenda. The prosecution’s attempt to introduce the critical tender document mid-trial ignited intense legal wrangling.
Both sides clashed over whether this late submission aligned with principles of fairness and due process.
The court was called upon to resolve this procedural dispute before the cross-examination of the fifth State witness could proceed.
Advocate Tapson Dzvetero, Professor Lovemore Madhuku, Advocate Garikai Sithole and Arshiel Mugiya, representing the defence, argued against the introduction of the document, maintaining that it would compromise their clients’ rights. Adv Dzvetero contended that the defence had previously requested the document before the trial began, but the prosecution either ignored or refused to comply.
He asserted that its sudden appearance during proceedings would unfairly prejudice Mpofu. Prof Madhuku, representing Chimombe, reinforced this argument, invoking established legal principles to challenge the prosecution’s move.
He underscored the importance of adhering to procedural rules set prior to trial, cautioning against introducing new elements midstream.
Adv Sithole supported these objections by citing case law to demand a clear legal justification for the prosecution’s tactic.
Prosecutor Whisper Mabhaudhi defended the timing of the document’s submission, arguing that its examination was indispensable to the court’s ability to deliver justice.
The document, purportedly submitted to the Ministry of Lands, Agriculture, Fisheries, Water, and Rural Development, is alleged to be a cornerstone of the scheme, which involved a tender to supply 632,001 goats under an ambitious US$87,7 million initiative.
As the trial hangs in suspension, the defence has signalled a possible new application for bail, citing changed circumstances.
Adv Dzvetero said consultations with their clients would determine the next course of action, leaving open the possibility of revisiting bail arguments.
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