Chimombe dragged to the dock after skipping trial

High Court judge, Justice Pisirayi Kwenda, has ordered the Zimbabwe Prisons and Correctional Service (ZPCS) to bring businessman Mike Chimombe to court this afternoon, after the accused failed to attend his fraud trial for the second time. Chimombe, who is facing charges alongside his co-accused Moses Mpofu for allegedly defrauding the state of US$7 million in a botched goats tender, was scheduled to appear in court at 10:00 hours this morning, but was once again absent due to reported health issues.

Last week, the trial was postponed after the court was informed that Chimombe was unwell and required seven days to recover. However, today, Justice Kwenda was visibly frustrated when he learned that Chimombe had not been brought to court, despite prior orders.

"It is your responsibility to bring the accused to court. This is your statutory obligation. That's why you exist," Kwenda said sharply to a ZPCS officer in charge at the High Court. The judge also demanded an explanation from the officer, PC Chikoto, for failing to update the state and the defense on Chimombe's condition.

Chikoto suggested that Chimombe could appear on Tuesday, but Kwenda made it clear that he would not tolerate further delays. "It is not up to you to decide when the accused will be in court. You are under court orders. He should be here by 2 pm today, or you will explain why he hasn't appeared," the judge ordered.

Chimombe's defense lawyer, Professor Lovemore Madhuku, had earlier requested another postponement, citing Chimombe's ongoing illness. Madhuku, acting on instructions from Chimombe's representative, Ashiel Mugiya, explained that the businessman had been advised to continue resting from the 28th of February. Madhuku relied on information from both Mpofu and Chimombe's relatives about the accused's health status.

Justice Kwenda, however, was unsympathetic, stating that the situation had gone on long enough and that the trial had already been delayed for five months on various grounds. The judge pointed out that both the state and the defense had failed to inform the court of Chimombe's whereabouts in a timely manner, further contributing to the chaos surrounding the trial.

In addition to the trial delays, Madhuku raised concerns about the simultaneous hearing of an appeal involving Chimombe and Mpofu at the Supreme Court. He argued that it was not legally permissible for two courts to hear matters involving the same individuals at the same time. However, Kwenda dismissed the suggestion, saying he would not rescind his order and that the court would proceed with the trial regardless of the conflicting schedules.

"If you want to be at the Supreme Court, the court will sit and deal with the matter. The court is fair and aware of his rights to legal representation," Kwenda stated, reiterating that the trial would continue even if the defense lawyers were unavailable due to their involvement in the appeal.

The trial, which has been mired in delays since its inception, has raised concerns over the efficiency of the legal system. Witnesses have been kept in limbo due to the uncertainty of when the case will finally proceed. Justice Kwenda expressed his disappointment at the failure to commence the trial for five months and suggested that parties involved should reconsider the necessity of live-streaming the proceedings, given the ongoing delays.

The judge also issued a warning to witnesses to remain within the court's jurisdiction, as they could be called on short notice once the trial finally begins.

As it stands, the case against Chimombe and Mpofu remains unresolved, and the court will reconvene this afternoon to ensure that Chimombe is brought before the court as previously ordered.