Lawyers for Mike Chimombe and Moses Mpofu, accused of misusing US$7 million in state funds for a presidential goat scheme, argued in court that their prolonged detention is unprecedented in Zimbabwe’s prosecution history.
The two businessmen have been in custody for six months, despite multiple failed attempts to secure bail.
Their legal team, led by Advocate Tapson Dzvetero, applied for bail pending trial, citing changed circumstances.
They claimed Mpofu and Chimombe have demonstrated no intention of fleeing, and are willing to pay US$5,000 each as bail, surrender their passports, and provide titled deeds as surety.
Dzvetero maintained that Mpofu was not involved in the alleged scandal as claimed by the state.
The two were indicted for trial last year and have been appearing before High Court Judge Pisirayi Kwenda, who previously dismissed their request to be heard by the Constitutional Court.
Mpofu and Chimombe’s case has raised concerns about their constitutional rights, particularly their right to a fair trial and freedom from arbitrary detention.
“One of the state witnesses, John Bhasera will categorically say it was Blackdeck that was involved in the tender process. He will buttress his defense that he was not involved as an individual in the deal,” Dzvetero said.
Professor Lovemore Madhuku said there have been changed circumstances warranting their clients’ granting of bail.
“This court should not be bound by the decision of the magistrate who denied the two bail,” Madhuku submitted.
Madhuku said at law, when an accused person is indicted for trial at the High Court, it is the trial judge who is bound to determine the bail request without being controlled by proceedings at the lower court.
“I would say this is a very rare case where a fraud accused person is kept in detention for trial purposes…normally fraud suspects are granted bail.
“This court has interacted with the accused persons on several occasions and I believe it is clear that these are not High fly suspects,” he said.
He said the case against Chimombe and Mpofu was not extraordinary in any way but a case which was just widely publicised.
“Even when you look at them…when you visit them at jail and interact with them they are homely people.
“The second accused (Chimombe) is ready to surrender title deeds to a piece of land which belongs to his family which shows that he has no interest in absconding,” he said.
Madhuku argued that his clients’ high profile would make it impossible for them to flee, as they are easily recognizable. He also emphasised that since they were released from their homes, they should have been granted freedom at their initial court appearance.
Madhuku pointed out that the magistrate made a legal error by not inquiring whether the two were coming from home or not. Furthermore, he revealed that the Prosecutor General had given consent for the duo’s bail.
The state, represented by Witness Mabhaudhi, is expected to respond to Madhuku’s arguments.
