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Fraud-accused business partners Moses Mpofu and Mike Chimombe denied bail

Business partners Moses Mpofu and Mike Chimombe, who face serious fraud charges involving the abuse of US$7 million in state funds, have been denied bail by High Court Judge Justice Pisirayi Kwenda. The two had sought bail pending their appeal after their previous attempts to secure freedom had been rejected.

The case revolves around an alleged fraudulent scheme involving a presidential goats program, where the pair’s company, Black Deck Poultry Pvt Ltd, was accused of being a non-existent entity that misappropriated substantial government funds. The State claims that the accused defrauded the government by abusing these funds, leading to accusations of corruption and financial mismanagement.

Mike Chimombe and Moses Mpofu

Justice Kwenda delivered his ruling with sharp criticism of the applicants’ efforts to delay proceedings, stating that facts were crucial in considering any bail application. He remarked that lawyers should focus on presenting relevant facts and avoid complicating the court’s proceedings with unnecessary submissions. The judge noted that the evidence against the two accused individuals, as alleged by the State, was compelling and could not be overlooked.

“I notice that the State insisted on interference and that they may not stand trial. Regarding the seriousness, I have looked at the penalty…the presumptive penalty for fraud is 20 years,” Justice Kwenda said. He further added that in cases where fraud involves public funds and results in substantial prejudice, the sentence would be more severe.

The judge emphasized that a presumptive sentence is typically the starting point in determining the severity of punishment, and in this case, given the high value of the funds involved and the public nature of the crime, the penalty could be substantial. “If a fraud involves public funds, it is an aggravating factor,” Kwenda stated, acknowledging that such cases require greater scrutiny and could result in harsher penalties.

Mike Chimombe and Mpofu

Kwenda also noted that the accused’s knowledge of the potentially long sentence was a strong factor in their likelihood of absconding. He pointed out that the applicants could be motivated to flee due to the severity of the charges and the possibility of a lengthy prison term. This increased the risk that they may not stand trial, further influencing the decision to deny bail.

Additionally, the judge criticized the way the bail applications had been handled, particularly in the case of Moses Mpofu. Kwenda stated that Moses Mpofu’s submission had unnecessarily complicated the process, accusing the defense team of dragging the proceedings with irrelevant arguments. “What should be important to a practitioner is to provide facts that there are compelling reasons,” he remarked, emphasizing that a bail application should be a straightforward presentation of facts supporting an individual’s entitlement to bail.

The judge also expressed his regret that the Constitutional Court had taken the entire third term of the 2024 judicial year to dismiss a related matter, which he felt had delayed the process. He also pointed out that Moses Mpofu’s bail application had not met the basic requirements, failing to establish sufficient grounds for release.

The State had argued strongly against bail, persuading Justice Kwenda to rule that the two men were resisting trial. Prosecutors further suggested that the risk of the accused absconding was heightened due to the growing legal challenges they faced.

Moses Mpofu and Mike Chimombe

In his ruling, Kwenda stressed that each case must be analyzed on its unique circumstances. However, he criticized both defense counsels for causing unnecessary delays during the hearing, which extended over two days. He found it particularly frustrating that such a simple issue as a bail application had taken so long to resolve.

“I must criticise both counsels before me. There is no need to give a process like bail application, a name that does not appear in the CPEA Act,” he concluded. The judge also questioned why so much time had been spent debating the application, highlighting the unnecessary delays in what should have been a more straightforward matter.

In light of the ruling, Moses Mpofu and Mike Chimombe will remain in custody as their case progresses. The decision has sparked further discussion on the handling of high-profile fraud cases involving public funds, with many commentators agreeing with the judge’s assessment of the seriousness of the charges and the potential consequences for the accused.

In other news – Dendera musician Charles Pintec drops song dedicated to Sir Wicknell and Lulu

In an exciting and heartwarming move, Kadoma’s popular Dendera musician Charles Pintec has released a hot new love song titled “Ndakapinda Nemoyo”, dedicated to the famous couple Sir Wicknell Chivayo and his wife Lucy “Lulu” Chivayo.

The song, which is being hailed as a special Valentine’s gift for the couple, is already creating waves on social media and in the local music scene, as Pintec continues to capture the hearts of fans with his signature Dendera sound. Read More

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