Friday, 6 June 2025

TENDER DOCUMENT ROW STALLS CHIMOMBE TRIAL

The trial of business partners Mike Chimombe and Moses Mpofu, accused of defrauding the State of over US$7 million through the Presidential Goats Pass-On Scheme, unfolded yesterday with arguments over whether the tender document, seen as critical to actually finding out what happened, could be submitted in evidence.

The prosecution sought to introduce the key tender document midway through proceedings, sparking fierce objections from the defence, who argued the move would compromise their clients’ rights since the submission should have been done before the trial.

Prosecutor Mr Whisper Mabhaudi presented the original tender document, allegedly submitted to the Ministry of Lands, Agriculture, Fisheries, Water and Rural Development for the supply of goats under the scheme.

Advocate Tapson Dzvetero, representing Mpofu, immediately opposed the introduction of the document.

Rising to his feet, he argued the late introduction would gravely prejudice his client.

“The accused pointed out during the trial earlier on that he requested the document from the prosecution before the trial commenced, but the State neglected or refused to comply.”

Adv Dzvetero emphasised that the trial had already progressed significantly, with three State witnesses having testified and the defence having submitted its outline without access to the document.

He argued that the prosecution’s failure to provide the document in advance contravened the requirements of criminal law.

“This is despite spirited efforts to obtain the document, which fell on deaf State ears,” he added.

Justice Pisirayi Kwenda interjected, pressing the defence for clarity. He questioned whether the trial could proceed without the court examining the document, which was central to the case.

“We are gathered here to discuss that document. So how do you expect the court to conclude this case without examining the document, the subject matter of the trial?”

Adv Dzvetero conceded that the document was critical but maintained that the prosecution’s failure to produce it earlier revealed a weakness in their case.

Professor Lovemore Madhuku, representing Chimombe, echoed Dzvetero’s objections, challenging the prosecution to justify their move under legal principles.

“The right to a fair trial is in accordance with agreed rules that existed before you went on trial, not rules manufactured as we proceed,” he argued. Madhuku’s co-counsel, Advocate Garikai Sithole, cited case authorities to bolster their position.

He demanded that the prosecution identify the legal basis for introducing the document at this stage.

In defence of the move, Mr Mabhaudi argued the court’s ability to deliver justice hinged on examining the document.

“The court has to see the document whose contents have been subject to cross-examination,” he insisted. He contended that withholding the document would hinder the State’s ability to present meaningful submissions.

“We cannot have a situation where the defence mentions things in the document but resists its production in court,” he said.

After hearing arguments from both sides, Justice Kwenda acknowledged the complexity of the matter. He noted the legal issue at hand required careful deliberation and announced an adjournment to decide whether the State could introduce the document, given its omission from the pre-trial disclosures.

The trial centres on allegations that Chimombe and Mpofu, through Blackdeck Livestock and Poultry Farming — a non-existent entity — secured a tender to supply 632,001 goats under a US$87.7 million scheme.

Justice Kwenda is expected to deliver his ruling today. Herald

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