Africa-Press – Zimbabwe. LAWYERS representing Zanu PF members Mike Chimombe and Moses Mpofu, who are awaiting sentencing in a US$7,7 million fraud over a botched goat scheme tender, did not turn up in court despite the judge having warned against such conduct on Monday.
Lovemore Madhuku, Ashiel Mugiya and Tapson Dzvetero failed to turn up for the pre-sentencing of Chimombe and Mpofu.
On Monday, Madhuku filed an application to stay pre-sentencing proceedings, saying he intended to approach the Supreme Court to compel presiding judge Justice Pisirayi Kwenda to release the written judgment for them to prepare their pre-sentencing guidelines.
But Justice Kwenda dismissed the application saying the matter should proceed to pre-sentencing.
Dzvetero told the court on Monday that they were left with no option except to approach the Supreme Court directly.
Justice Kwenda warned Dzvetero and Madhuku to attend the proceedings without fail, adding that the matter would proceed in their absence.
Madhuku and Dzvetero yesterday sent another lawyer to seek postponement saying they were committed elsewhere.
This left prosecutor Whisper Mabhaudhi and the court with no option, but to postpone the case to November 26.
On Monday, the court dismissed an application by the duo to access the written judgment, which it claimed was important in its pre-sentencing submissions.
The judge asked the lawyers to access the judgment through YouTube, saying he did not stop them from accessing it online or writing notes in court.
The accused persons are arguing that there is a deliberate ploy to deny them the right to have the written judgment, which they claim is essential in a fair public trial.
Chimombe and Mpofu were convicted by the High Court after a long drama-filled trial.
They have been in custody since their initial remand last year in June.
The court heard that the two falsified supporting documents in a bid to secure a tender to supply 500 000 goats to the Lands, Agriculture, Fisheries, Water and Rural Development ministry for a Presidential Empowerment Scheme.
The falsified documents were submitted with the bid for the purposes of meeting the requirements of the tender.
The requirements included a Zimbabwe Revenue Authority tax clearance certificate and a National Social Security Authority compliance certificate, both in the name of Blackdeck Livestock & Poultry (Pvt) Ltd.
Chimombe and Mpofu allegedly connived to submit the falsified documents well aware that Blackdeck Livestock & Poultry (Pvt) Ltd was not registered in terms of the laws of Zimbabwe.
The State said by making such misrepresentation, they intended to give a false impression that Blackdeck was a registered company and juristic person and that its bid met tender requirements.
The State acted on the misrepresentation, thereby dealing with a non-existent entity and treating Blackdeck’s bid as valid culminating in the acceptance of the allegedly invalid bid and a subsequent award of the tender to Blackdeck, to the prejudice of the State and Blackdeck’s competitors.
Blackdeck failed to fully discharge its obligations, causing prejudice to the State in the sum of US$7 712 197.
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