Businessmen Mike Chimombe and Moses Mpofu are primed to surrender immovable properties as surety in exchange for bail pending trial on fraud charges involving US$7 million under the Presidential Goat Scheme.
This allows a very large bail equivalent with the two losing these assets if they breach bail conditions or just vanish.
The two lost their bid for bail at remand court and now are seeking relief at the High Court.
The bail hearing was yesterday deferred to tomorrow (Thursday), after Justice Pisirayi Kwenda noted that certain vital documentary evidence was not included in the record brought before him.
Chimombe and Mpofu are pledging assets including residential properties as surety to secure their freedom pending trial, according to the court papers.
“For the avoidance of doubt, should the court deems it necessary, applicants (Chimombe and Mpofu) are willing to surrender deeds of transfers for immovable properties to put this court into confidence that they are not a flight risk,” said the duo.
The bail system is aimed at striking a balance between suspects’ individual right to liberty and the proper administration of justice. The cardinal question the court has to decide is whether the two will stand trial if granted bail and not breach conditions, such as interfering with witnesses.
In terms of the law, bail should be granted unless there exists compelling reasons, with the burden for establishing these being with the prosecution, for bail to be denied. Harare magistrate Mrs Marehwanazvo Gofa denied the two bail on the basis that the prosecution had proven beyond reasonable doubt that they were not suitable candidates for bail as prospects of conviction were high.
But Chimombe and Mpofu argue that the court’s findings were erroneous. To this end, they have exercised their right to appeal to the High Court to intervene and overturn the lower court’s decision, arguing misdirection on the part of the magistrate.
Prosecutor Mr Anesu Chirenje alleged that Mpofu and Chimombe forged documents to win the tender to supply goats under the Presidential Goat Scheme.
According to investigations, their company Blackdeck (Pvt) Ltd did not have a valid tax clearance, and that the QR code and the reference on the NSSA compliance certificate were issued to a different company. Blackdeck was de-registered from the NSSA system in January 2016. Acting on the misrepresentation and the assumption that what are alleged to be forged documents were genuine, on November 16, 2021, the Ministry of Lands, Agriculture, Fisheries, Water and Rural Development signed a contract with Blackdeck for the supply and delivery of 632 001 goats valued at US$87,7 million.
The court heard that between April and June 2022, the Ministry transferred a total of Z$1.6 billion, the equivalent of US$7 712 197, into the Blackdeck bank account.
Consequently, their contract was cancelled on August 29, 2022 after Chimombe and Mpofu supplied just 4 208 goats valued at US$331 445 and went on to convert the remaining US$7 380 751 to personal use.
