Zvikomborero Parafini
BUSINESSMAN Mike Chimombe has dissociated himself from Juluka, the company in the eye of a storm in a fraudulent deal over street lighting in Harare, and has refused to be placed on remand.
Chimombe and his accomplice, Moses Mpofu, appeared before Harare regional magistrate Stanford Mambanje after indications that they were going to seek the recusal of the presiding officer magistrate Marewanazvo Gofa.
Chimombe’s lawyer, Arshiel Mugiya, told the court that he had instructions to oppose prosecutor Anesu Chirenje’s application to place him on remand pending the finalisation of investigations.
“Chimombe is opposed to being placed on remand because there’s no reasonable suspicion that he committed the offence.
“The State must satisfy that there are indeed grounds and good cause in order for the court to place an accused person on remand.
“The test is an objective test and that test has been time and again, in several cases, been made clear by the superior courts that the State must allege facts that, at least, link an accused person to an alleged offence.
“While the State is not supposed to prove its case beyond reasonable doubt at this stage, the State must allege prima facie facts which this court must allude to, the facts must satisfy the legal requirements of a certain statute for there to be reasonable suspicion.”
The lawyer added:
“He is being charged for corruptly using a false statement in a tender bid and the essential requirements of that offence are that accused must have knowingly provided a document he knows is not authentic and he must have done this with an intention to deceive.
“The facts contained in the Form 242 alleged that Juluka projects applied for a tender and in that tender certain false documents were tendered by that company.
“The State, in its wisdom, chose to charge the duo because Mpofu is the managing director and shareholder of the company that tendered the bid.
“There has been from the facts, at least, an effort to link Mpofu with Juluka, with the second accused, Chimombe, it’s a fact that he’s not a shareholder, director or an employee of that company.”
Mugiya said:
“The only reference to him throughout the whole charge is that the second accused is a representative of the same company but State doesn’t clarify in what capacity that the he is a representative of this company.
“Chimombe disassociates himself with the company in whatever capacity and the only other time he is spoken of in the charge is that he signed the tender document as a witness.
“There are no facts arising from these charges that link Chimombe in any way to the commission of the offence.”
Prosecutor Chirenje is set to respond to the application today.
Mpofu’s lawyer Tapson Dzvetero indicated that he would not be making a bail application in this matter.
