Mpofu and Chimombe have proposed to call four witnesses:
Zimbabwe Anti-Corruption Commission chairman Mr Michael Reza, investigating
officer Henry Chapwanya, acting chief public prosecutor Ms Tendayi Shonhai, and
businessman Mr Wicknell Chivayo.
According to The Herald, Mr Reza is accused of interfering
with their right to bail, while Mr Chivayo’s testimony is sought to address
selective prosecution concerns, despite not being linked to the goat fraud
case.
The State is not opposed to the defence move since some of
the witnesses are State witnesses and available. The defence seeks to resolve
its constitutional questions before the trial commences.
Mpofu and Chimombe told the judge that after prosecution
consented to bail, Mr Reza interfered resulting in the consent being revoked.
This was after the State had asked them to provide their
title deeds, surrender passports, and pay US$1000 bail each.
Concerning their wish to call Mr Chivayo as a witness, the
two under cross examination from the prosecutor Mr Whisper Mabhaudhi, failed to
explain how they were linking Mr Chivayo to the goat fraud case.
They both conceded that Mr Chivayo had nothing to do with
the charges they are facing, but sought to link him with another tender not
related to the Presidential Goats Pass-on Scheme.
Their lawyers argue that external forces are orchestrating
their prosecution and that the charges amount to unlawful imprisonment based on
inability to fulfil a contractual obligation.
Justice Kwenda will address the constitutional issues
raised before determining whether the trial should proceed or be referred to
the Constitutional Court.
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