Today, the High Court will deliberate on business partners Mike Chimombe and Moses Mpofu’s plea for bail pending trial, a request that hinges on claims of altered circumstances.
The bail hearing, originally set for January 17, has been moved forward due to a series of legal maneuvers from the defense.
They argued that procedural rules necessitate bail applications be addressed within 48 hours of filing, with appeals resolved within 96 hours.
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Herald has it that this prompted Judge President Mary Dube to expedite proceedings, leading to a hearing rescheduled for last Friday.
However, the prosecution, caught off guard, successfully sought a postponement, claiming they needed additional time to prepare a thorough response. The defense conceded to this delay, setting the stage for an intense legal battle today.
Chimombe and Mpofu, accused of swindling a staggering US$7.7 million from the Goat Pass-On Scheme, previously attempted to sidestep the legal system by taking their grievances to the Constitutional Court. Their application was dismissed by Justice Pisirayi Kwenda, who branded the claims as “frivolous and vexatious” and criticized their attempts as mere tactics to delay proceedings.
This rejection not only quashed their hopes of immediate relief but also highlighted the court’s growing impatience with their procedural strategies. Following this, the trial is now poised to begin on February 10, a date that looms ominously as both a promise of justice and an avenue for further legal maneuvering.
Despite the setbacks, the defense team is reportedly crafting a new approach—a direct appeal to the Constitutional Court to revisit their assertions of constitutional violations. They hope this panel will deem their claims worthy of consideration, potentially disrupting the trial once more.
Central to their argument is the insistence that the trial cannot progress until the alleged constitutional grievances are resolved. However, this stance has not yet gained traction within the court system, leaving the duo in a tenuous position, balancing the complexities of legal technicalities with rising public scrutiny.
As the bail hearing approaches, Chimombe and Mpofu find themselves at a crossroads.
Their fate hangs in the balance, with the possibility of obtaining bail looming against the backdrop of their ongoing judicial journey.
In this courtroom drama, legal heavyweights are on both sides: Professor Lovemore Madhuku and Advocate Garikai Sithole represent Chimombe, while Moses Mpofu is defended by Advocate Tapson Dzvetero. The prosecution, led by Whisper Mabhaudi and Loveck Masuku, is armed with compelling arguments aimed at revealing the depth of the alleged fraud.
