daniel chigunwe
Mathew Masinge
MIKE Chimombe and Moses Mpofu are now seeking their bail pending trial or the possibility of spending this Christmas in remand prison.
The duo had their application for referral to the Constitution Court dismissed yesterday by High Court Judge Justice Pisirayi Kwenda.
Through their lawyers, the duo indicated that they will today apply for their bail pending trial.
The State will file its response before Justice Kwenda makes his determination.
Chimombe and Mpofu had raised 14 constitutional issues which Justice Kwenda dismissed as frivolous and vexatious.
The judge ruled that the duo failed to motivate their application and must have utilised available remedies at the magistrate and High Court before seeking referral to the Constitutional Court.
“Timing at every stage is very important and whenever a litigant feels his or her rights have been infringed upon they should seek referral to the Constitution immediately.
“Chimombe and Mpofu should have raised all their constitutional issues when they were denied bail at the magistrate court but failed to do so.
“With regards to the assessors, their appointment is based on experience and it must be noted that even though it is common cause that they are above 70, it doesn’t mean they are mentally incapacitated.
“I therefore dismiss the application seeking referral because the applicants failed to utilise available remedies when they initially appeared at the magistrate court,” ruled Justice Kwenda.
The judge said Chimombe and Mpofu should have written to the Registrar of the High Court requesting to have the assessors step down.
He said most of the preliminary issues arose at the magistrates court and must have been dealt with at the lower court.
The judge also dealt with the alleged interference of a third party, the withdrawal of consent by the State after meeting with Zimbabwe Anti-Corruption Commission chairperson Michael Reza.
“It is common cause that sometimes the PG can withdraw or change their position on a consent to a bail at any stage,” ruled Justice Kwenda.
The matter has been postponed to February 10 when possibly the trial will commence on a continuous roll.
Chimombe and Mpofu have pleaded not guilty in the fraud trial in which they are being accused of swindling US$7,7 million.
Mpofu is being represented by Advocate Garikayi Sithole, instructed by Tapson Dzvetero, while Chimombe has engaged Lovemore Madhuku, who is being instructed by Arshiel Mugiya.
The State said the two allegedly forged a ZIMRA Tax clearance certificate and an NSSA compliance certificate, under Blackdeck (Pvt) Ltd, and attached them to a bidding document which they submitted to the Lands Ministry for a tender.
The tender was for the supply and delivery of goats under the Presidential Goat Pass-on Scheme.
Despite receiving substantial payments, Mpofu and Chimombe failed to deliver the expected number of goats, leading to their arrest in July this year.
Online Reporter