Fraud-accused local businessmen Moses Mpofu and Mike Chimombe have been denied bail yet again by High Court Justice Pisirayi Kwenda, but their lawyer Lovemore Madhuku says he is appealing the judgement.
Kwenda said the two are facing serious charges involving public funds and a possible 20 years in jail, and thus may abscond, hence denial of bail, but Madhuku says they will appeal because they do not agree with the judgement.
The judged ruled: “I therefore find that two of the compelling reasons found by the magistrate, which are likelihood that Chimombe and Mpofu might not stand trial or are likely to interfere with State witnesses still persist and in the result the application for bail may not succeed. I therefore dismiss it.”
However, Madhuku responded:
“We’re not in agreement with the reasoning of the judge.”
Chimombe and Mpofu are facing a US$7 million fraud involving the US$88 million Presidential Goat Scheme.
Handing down his judgement, Kwenda said bail application is a simple process, lawyers should focus and facts are critical in the process.
Lawyers, he said, should not waste time on extraneous issues.
He said: “What should be important to a practitioner (on bail application) is to provide facts that there are compelling reasons.
“A bail application is expected to be simple and unemotional presentations of facts supporting one’s entitlement to bail.”
Prosecutors say Chimombe and Mpofu’s chances of absconding
are high because their situation has become a legal imbroglio and they face 20 years in jail.
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