Online Reporter
Fidelis Munyoro
Chief Court Reporter
The Supreme Court on Wednesday removed from the court roll a case where jailed businessman Moses Mpofu sought condonation for the late filing of his application for leave to appeal.
Justice George Chiweshe dismissed the application, citing fatal defects.
The matter will now proceed on April 7 by consent, with Mpofu’s case consolidated with that of Mike Chimombe, who filed his application on time.
Both defence and State lawyers agreed to the postponement, which allows the defence to address issues relating to the application and gives the registrar of the Supreme Court time to ensure the record is clear and complete for the superior court.
Mpofu and Chimombe, dressed in khaki prison attire, attended the hearing via the Virtual Hub at the Supreme Court. However, technical challenges forced the proceedings to shift to an open court for a physical hearing.
The duo is seeking leave to appeal a High Court ruling dismissing their bid for relief. They want the Supreme Court to overturn their convictions and sentences for orchestrating a large-scale fraud involving the Presidential Goats Pass-On Scheme.
This comes as Justice Pisirayi Kwenda rejected their arguments, labelling them “frivolous and vexatious”.
Mpofu was sentenced to 19 years, of which 10 were suspended on condition that he pay US$2 million. Chimombe received a 14-year sentence, with a portion suspended on the condition that he repay more than US$964 000.
The Supreme Court hearing will decide whether the pair can proceed with their substantive appeal against the High Court’s decision.
Until then, Mpofu and Chimombe remain in custody.
