Mathew Masinge
THE corruption trial for businessmen Moses Mpofu and Mike Chimombe has been postponed to October 22 after their lawyers sought referral to the Constitutional Court.
Mpofu and Chimombe are accused of fraud, involving US$7,7million, in funds which were allegedly siphoned from the Presidential Goats Pass-On Scheme. The duo was formally charged and both pleaded not guilty.
Mpofu is represented by Tapson Dzvetero and Garikayi Sithole while Chimombe is represented by Professor Lovemore Madhuku and Arshiel Mugiya.
The trial, which was scheduled to get underway on October 1, has taken a new twist after the defence challenged the appointment of assessors who are sitting with Justice Pisirayi Kwenda.
In terms of the High Court Act, all criminal proceedings require the addition of two assessors while the judge deals with the main issues.
The Act stipulates that a High Court judge must not be aged over 70. Yesterday, the lawyers argued that it was in the interest of justice that their issues be referred to the Constitutional Court.
Mpofu and Chimombe will serve the State with the application on October 8 while the State files its Notice of Opposition by October 14.
The State said Blackdeck was contracted to supply 632 001 goats and got paid $1,6 billion, which was equivalent to US$7.7million, but only supplied 4 208.
As part of his defence, Mpofu denied misrepresenting his company to the Ministry of Lands, Agriculture, Fisheries, Water and Rural Development. He feels the matter was purely a civil matter arising from a contractual dispute and that he was only a director at Blackdeck and does not run its day-to-day business.
Chimombe also denied his involvement claiming his company, Millytake Enterprise, lost the tender during the bidding process and was only sub-contracted to supply the goats after Blackdeck won the contract.
Justice Kwenda deferred his ruling to October 22.