The matter,
tied to the Presidential Goats Pass-On Scheme, will now await determination on
July 21. This postponement follows an agreement between the prosecution and
defence to adjourn proceedings due to scheduling conflicts and the need for
Justice Pisirayi Kwenda to deliberate further on the contentious legal
submissions raised by the defence.
The trial is
set to resume in July, with unresolved questions surrounding the document’s
admissibility still looming over the court’s agenda. The prosecution’s attempt
to introduce the critical tender document mid-trial ignited intense legal
wrangling.
Both sides
clashed over whether this late submission aligned with principles of fairness
and due process.
The court was
called upon to resolve this procedural dispute before the cross-examination of
the fifth State witness could proceed.
Advocate Tapson
Dzvetero, Professor Lovemore Madhuku, Advocate Garikai Sithole and Arshiel
Mugiya, representing the defence, argued against the introduction of the
document, maintaining that it would compromise their clients’ rights. Adv
Dzvetero contended that the defence had previously requested the document
before the trial began, but the prosecution either ignored or refused to
comply.
He asserted
that its sudden appearance during proceedings would unfairly prejudice Mpofu.
Prof Madhuku, representing Chimombe, reinforced this argument, invoking
established legal principles to challenge the prosecution’s move.
He underscored
the importance of adhering to procedural rules set prior to trial, cautioning
against introducing new elements midstream.
Adv Sithole
supported these objections by citing case law to demand a clear legal
justification for the prosecution’s tactic.
Prosecutor
Whisper Mabhaudhi defended the timing of the document’s submission, arguing
that its examination was indispensable to the court’s ability to deliver
justice.
The document,
purportedly submitted to the Ministry of Lands, Agriculture, Fisheries, Water,
and Rural Development, is alleged to be a cornerstone of the scheme, which
involved a tender to supply 632,001 goats under an ambitious US$87,7 million
initiative.
As the trial
hangs in suspension, the defence has signalled a possible new application for
bail, citing changed circumstances.
Adv Dzvetero
said consultations with their clients would determine the next course of
action, leaving open the possibility of revisiting bail arguments. Herald
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