Last week, the
two applied for discharge at the close of the State’s case, arguing that the
prosecution had failed to provide sufficient evidence linking them to the
alleged fraud.
However, in a
written response filed at the High Court yesterday, prosecutors Mr Whisper
Mabhaudhi and Mr Loveck Masuku dismissed the application, insisting the
evidence presented during trial clearly warrants a defence.
“The first
accused was involved in the tender process from its inception,” the State
submitted.
“He visited the
Ministry of Agriculture with the second accused, engaging Alban Mhindurwa about
the tender and later submitting a bid.
“The bid
documents required a Zimra tax clearance certificate and NSSA compliance
certificate. These could be obtained through self-service portals, but the
first accused’s company failed to secure them because it was non-compliant.”
Officials from
Zimra and the National Social Security Authority (NSSA), who testified during
the trial, confirmed that the certificates submitted were forged, argued the
prosecution.
The State
further alleged that Blackdeck Pvt Ltd — the company awarded the tender — was
misrepresented in multiple forms, including as Blackdeck Livestock and Poultry
Farming and Blackdeck Pvt Ltd trading as Colenso Farm.
Only the first
name is legally registered.
“The first
accused referred to the unregistered entities as loose references to Blackdeck
Pvt Ltd, which is illegal.
“A company name
must be registered under the law.”
The prosecution
highlighted meetings where the accused allegedly played active roles.
“The first
accused signed the contract and its addendum on behalf of Blackdeck Livestock
and Poultry Farming, a non-existent entity.
“The Ministry
of Agriculture addressed letters to him as operations manager, and he attended
meetings with the second accused, where decisions about the contract were
made.”
Chimombe,
according to the prosecution, falsely represented himself as an official of
Blackdeck Pvt Ltd, despite being the director of Millytake Pvt Ltd, which had
failed to win the tender.
The State also
alleged that the pair grossly inflated the number of goats mobilised under the
scheme.
“They claimed
to have 32 500 goats but only had 3 713, including 325 kids. When asked to lead
identification of the goats, they refused.
“The goats were
never found.”
Prosecutors
also raised questions about financial flows, stating that Millytake Pvt Ltd
received RTGS$200 million from Blackdeck’s deposit, and that Chimombe benefited
from the alleged fraud.
“The first
accused says there was a valid contract, but the bidding company did not meet
mandatory requirements.
“The Government
signed a contract with a non-existent entity. The forged documents rendered the
contract null and void from the beginning.”
The prosecution
concluded, “Both accused must be placed on their defence. The application for
discharge lacks merit and should be dismissed.”
However, the
defence teams for Mpofu and Chimombe have pushed back, arguing that the State
failed to prove the essential elements of the alleged offence.
They pointed to
inconsistencies in witness testimonies and the absence of crucial evidence —
such as minutes of meetings allegedly attended by Chimombe — as serious
weaknesses in the prosecution’s case.
Furthermore,
they argued that while the prosecution focuses on alleged fraud prior to the
tender award, the evidence presented relates only to post-award conduct.
The defence
teams emphasised the principle that an accused can only be put to their defence
if the prosecution establishes a prima facie case.
They submitted
that the prosecution failed to establish how Mpofu and Chimombe personally
benefitted or participated in the alleged fraud. The matter continues on Friday, when both the
defence and prosecution are expected to make oral submissions. Herald
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