No joy for Chimombe, Mpofu at High Court

Fidelis Munyoro

Chief Court Reporter

Businessmen Mike Chimombe and Moses Mpofu’s bid to be released on bail in the case involving the US$7 million Presidential Goats Scheme has failed after the High Court rejected their appeal, despite them offering substantial assets, such as immovable property, to back their application.

The pair is accused of allegedly mis­ap­pro­pri­at­ing US$7 mil­lion from the Pres­id­en­tial Goats Scheme. Their trial has been set for October 1. 

The two approached the higher court challenging the remand court decision refusing them bail. 

But Justice Pisirayi Kwenda yesterday threw out the appeal by the two as the court felt there remained substantial grounds against bail.

“Whereupon, after reading documents filed of record and hearing counsel it is ordered that the State’s objection to the hearing of this appeal against denial of bail pending trial based on mootness, be and is hereby upheld.

“The appeal is, therefore, dismissed,” read the operative part of the judgment.

The ruling comes a day after the same court refused to entertain a bail application for their latest case of fraud over fraud charges involving a US$9,2 million deal emanating from the City of Harare street lights tender.

The two circumvented the magistrates court and applied for bail at High Court, but Justice Benjamin Chikowero on Monday removed the matter from the roll and ordered that it be first dealt with by the magistrates’ court.

 The High Court would then be a court of appeal. 

Harare regional magistrate Mrs Marehwanazvo Gofa indicted Chimombe and Mpofu after the prosecution said it was ready to proceed to trial.

 The defence team have been served with State papers, documentary evidence which includes a Government Gazette, CR14, tax clearance, and the contract addendum, to allow them to construct their defences.

 This 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. 

But the person can bring a fresh bail application and if the court deems it fit to allow the person to continue on bail it will grant the relief sought. 

Charges against Chimombe and Mpofu arose when the two allegedly forged doc­u­ments to win the tender to sup­ply goats under the Pres­id­en­tial Goat Scheme.