daniel chigunwe
Mathew Masinge
TEMPERS flared yesterday during a heated exchange between Moses Mpofu’s lawyer, Tapson Dzvetero, and High Court Judge Pisirayi Kwenda after the lawyer objected to the reading of a defence outline into the record.
Dzvetero claimed his client could not proceed to trial, raising a Constitutional issue that Mpofu was not been enjoying an equal protection and benefit of the law.
The lawyer also applied to amend Mpofu’s defence outline over the bar.
He also queried the appointment of two assessors, who are assisting Justice Kwenda, saying they were over the required 70-year-age limit for a sitting High Court judge.
This follows after one of the assessors, who was appointed for the initial hearing on Tuesday, was replaced yesterday due to ill-health.
Mpofu’s co-accused Mike Chimombe also adopted the same view urging the court to determine whether the appointment of the assessors wasn’t a violation of his Constitutional right.
Through his lawyers, Professor Lovemore Madhuku and Arshiel Mugiya, Chimombe applied for a referral to the Constitutional Court saying the court was not properly constituted.
Justice Kwenda overruled the protest and ordered Mpofu and Chimombe to place their defence outlines on record.
He reprimanded Dzvetero for his actions to interfere with a court’s orderly process.
The duo, who are facing fraud charges involving US$7,7 million, pleaded not guilty to the charge.
The State said Blackdeck was contracted to supply 632 001 goats and got paid $1,6 billion which was equivalent to US$7.7million and only supplied 4 208.
As part of his defence Mpofu said he was being framed and denied ever deceiving the Ministry of Lands, Agriculture, Fisheries, Water and Rural Development.
He said this was purely a civil matter arising from a contractual dispute and that he does not run the day-to-day business in Blackdeck (Pvt) Ltd.
Professor Lovemore Madhuku who is representing Chimombe also denied his client’s involvement in the tender saying his company Millytake Enterprise was only contracted to supply goats by Blackdeck.
Justice Kwenda deferred the hearing to tomorrow where he will hear submissions to motivate their leave to have the matter referred to the Constitutional Court.
Online Reporter