Source: Chimombe, Mpofu ‘have case to answer’ – herald
Mike Chimombe and Moses MpofuFidelis Munyoro-Chief Court Writer
The prosecution in the ongoing trial of Moses Mpofu and Mike Chimombe, who are facing charges of a US$7,7 million fraud involving the Presidential Goat Pass-On Scheme, has maintained that the two must be placed on their defence, arguing that a prima facie case has been established.
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.
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