FRAUD accused Mike Chimombe and Moses Mpofu will spend the Christmas holidays behind bars after the High Court set their trial date for February 10 next year.
High Court judge Justice Pisirayi Kwenda on Thursday dismissed their application for referral to the Constitutional Court, ruling that they should have raised their issues with the magistrate during their initial court appearance.
Chimombe and Mpofu sought to have their case referred to the Constitutional Court, citing several reasons, including the High Court’s alleged lack of jurisdiction and concerns about the age of the trial’s assessors.
In his ruling, Kwenda emphasized that Lovemore Madhuku’s, Chimombe’s lawyer, suggestion that assessors might fall asleep during proceedings amounted to age discrimination.
“The Registrar would have considered this and appointed assessors under the age of 70. They are not genuinely contesting the appointment but rather their trial itself.
“I find that the accused’s decision not to utilize available remedies demonstrates a lack of seriousness. Their choice not to do so fits the description of objecting to the trial.
“Therefore, I dismiss the referral application based on these issues (described as A, B, and C),” he ruled.
The judge also noted that the constitutional issues should have been raised in the lower court, not before him.
“The issue was before the magistrate during the bail application in the magistrate’s court.
“Understandably, the issue did not arise when the matter was brought before the judge as a bail appeal. I agree with the state that raising the issue now is an untimely opportunity.
“Regarding the bail pending trial application made before this court, it shows that the two had an opportunity to challenge the law but failed to do so. Timing is crucial.
“The trial of businessmen Moses Mpofu and Mike Chimombe has been scheduled for February 10th, 2025, on a continuous roll.
“The accused persons’ application for referral to the Constitutional Court was dismissed today. They will remain in custody pending trial,” Kwenda said.
The two were arrested on allegations of defrauding the government of over US$7 million in a botched Presidential Goat Scheme.
