Unwell businessman, Mike Chimombe was Monday dragged to court after he had earlier failed to show up for his fraud trial at the High Court.
The businessman, who has been languishing in remand prison since his arrest in June last year, appeared in the afternoon before High Court judge Pisirayi Kwenda struggling to speak.
Chimombe sat in the dock with head bowed down while covering his face during his brief appearance.
Justice Kwenda had insisted earlier that the businessman appears physically before his court despite prison officials confirming their inmate was under the weather.
His condition has delayed commencement of his trial with business partner Moses Mpofu.
His lawyers had told court a week earlier that their client required at least seven days to recover from his ailment.
But Chimombe failed to show up again, infuriating the judge who then demanded to see him in his court.
Kwenda accused the Zimbabwe Prisons and Correctional Services of being in breach of his order to bring Chimombe to court on Monday.
The judge also said it was unwise for both the state and the defence to fail to update him of Chimombe’s absence before trial.
“Do I have to remind you that it is your responsibility to bring the accused to the court? This is your statutory obligation. That’s why you exist,” Kwenda told Chikoto, a ZPCS officer in charge of operations at the High Court after summoning him to explain Chimombe’s absence.
He ordered prison officials to bring Chimombe at 2PM on the day or come before the court with a detailed formal report on why he could not attend court.
“It is not up to you to keep him at prison if he is needed at court. You listen to court orders. He should be here at 2PM; if not, then you will explain,” the judge said.
Lovemore Madhuku, representing Chimombe, then told Kwenda that the Supreme Court appeal against denial of bail pending appeal by the two was being heard at the same time.
But the judge would hear none of it insisting that he wanted Chimombe to appear physically in his court.
Kwenda said he had already issued an order and could not rescind it because of that.
Madhuku insisted that it was impossible for the two to have different cases involving them being heard at the same time.
“If the court wants to see him for something else, he can be here but if it is for trial, he has to be represented in accordance with the law….again that’s not allowed. This court can only sit with the accused as a trial court and nothing other than that.
“I think you have a room to correct your order my Lord,” Madhuku said.
Kwenda said the court will sit even in the absence of the lawyers.
ZPCS then went to fetch Chimombe who told the court that he had nothing to say because he had already instructed his lawyers.
The matter was then postponed to March 17 for trial commencement.
Chimombe and Mpofu are accused of fraudulently acquiring a tender to supply goats under a presidential goat scheme that was being run by government.
