HARARE – A bid by jailed business partners Mike Chimombe and Moses Mpofu to bait Wicknell Chivayo into their fraud trial through standing as a witness has been vehemently resisted by the business tycoon through his lawyer.
The apparent fishing expedition on Monday morning left the pair facing another legal bill.
The two believe Chivayo is behind their legal woes which has seen them stay in prison.
They attempted to subpoena him to testify in their trial before High Court judge Pisirayi Kwenda.
But Chivayo, through his lawyer, Advocate Sylvester Hashiti indicated to the court that they intended to challenge the subpoena.
Faced with the apparent hurdle, the defence asked for an adjournment to converse.
After liaison, the suspects said they were setting aside the subpoena and indicated that they were going to pay costs to Chivayo and his lawyer for their attendance.
Kwenda granted the order with consent from both parties.
“The subpoena issue to Mr Chivayo be and is hereby set aside.
“The first and second accused shall meet costs associated with the attendance of Mr Chivayo and his legal counsel,” Kwenda ordered.
All the drama infuriated the judge who accused Chimombe and Mpofu of buying time and not taking him seriously.
“The application for referral is taking longer than it should,” the judge said adding that it has taken a month and half with the two giving different excuses.
“You should take these proceedings seriously. We need to move on,” Kwenda said.
Kwenda said it is disheartening that the two have spent over a month making an application for referral of their case to the Constitutional Court.
He then ordered parties to meet today and discuss the issue of agreed facts without fail.
The case returns to court on November 15 for continuation.
The two also had plans to summon Zimbabwe Anti-Corruption Commission chairperson Michael Reza in the matter and professor Lovemore Madhuku representing the defence said they were no longer going to call him.
On previous appearance the two insisted that Reza influenced their denial of bail adding that they initially had consent.
They also told court that they even saw Reza in their court room.
The two had also subpoenaed Provincial Public Prosecutor Tendai Shonhai, the investigating officer Henry Chapwanya whom they also excused, saying they were no longer going to hear their evidence.
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