By Ziyah News Reporter
Harare — Lawyers representing businessmen Moses Mpofu and Mike Chimombe, who are accused of swindling the government of US$7 million in a goats pass-on scheme, on Thursday opposed the tendering of a standard bidding document allegedly submitted by their company in court.
Whisper Mabhaudhi, representing the National Prosecuting Authority (NPA), sought to introduce the document as an exhibit while leading procurement officer Precious Isa from the Ministry of Lands and Agriculture. The defense lawyers, Tapson Dzvetero for Mpofu and Professor Lovemore Madhuku for Chimombe, argued that the document was never part of the evidence provided at the start of the trial.
Madhuku claimed that his client was being subjected to an unfair hearing, accusing the court of “descending into the arena,” while Dzvetero argued that introducing the document at this stage would prejudice his client.
“The first accused (Mpofu) was not furnished with the document prior to preparation for this case as provided for by the law. We were only furnished with the bid document on June 3, which was just two days ago. The trial was already midway, with three witnesses having already led evidence. The first accused had already tendered his plea and prepared his defense without that document. The first three witnesses were cross-examined without it,” Dzvetero said.
Kwenda, a magistrate, emphasized the importance of the document, stating, “It is the reason why we are gathered here. There is no other dimension for this court to hear this case other than discussing the bid. Anybody would be surprised that the court would sit and conduct a trial about a bid that sits in the air.”
Madhuku countered, “The Constitution provides for a fair trial. An accused person is tried on written rules. An accused person cannot be tried on rules made in a trial court. We haven’t read the document and we do not intend to read it because it was not given to us.” He further expressed concern over the lengthy exchanges between the court and the defense, warning that “the court would be descending into the arena.” Madhuku added, “The right to a fair trial is being infringed right in our eyes. We will however respect the court’s judgment.”
The trial is scheduled to continue on Friday.
Mpofu and Chimombe are accused of applying for a goats tender using a non-existent company, Blackdeck. Both deny the charges and have been in custody since their arrest in June last year.