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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