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Chimombe applies for discharge in US$7m goat scandal
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Zanu PF Central Committee member and businessman Mike Chimombe, along with his co-accused Moses Mpofu, have applied for discharge at the close of the State's case in their ongoing US$7 million fraud trial linked to a failed government goat supply contract.
The two are accused of fraudulently misrepresenting to the Ministry of Lands, Agriculture, Water, Fisheries and Rural Development that their company, Blackdeck Livestock and Poultry Farming, was a registered entity in Zimbabwe with valid ZIMRA tax clearance and NSSA compliance certificates.
According to the charges, Blackdeck was awarded a lucrative contract to supply 85,691 goats after receiving ZWL$1.6 billion (approximately US$7.7 million). However, only 4,208 goats were delivered, leaving the government prejudiced to the tune of US$7,380,751.85. No recoveries were made.
Through their legal counsel, Tapson Dzvetero and Ashiel Mugiya, Chimombe and Mpofu have argued that the State failed to establish a prima facie case warranting them to be placed on their defence.
"The accused must establish that no evidence has been adduced by the State to prove the essential elements of the offence. None of the State witnesses directly linked Chimombe to the alleged offence," argued Dzvetero.
The defence pointed out that although the State led evidence from more than five witnesses, including senior government officials like Lands Ministry Permanent Secretary John Basera and Alban Mhindurwa, none provided evidence to prove Chimombe's involvement in the alleged misrepresentation.
"There is no evidence showing that Chimombe was directly or indirectly involved in the preparation of Blackdeck's bid documents. The State failed to establish whether the alleged misrepresentation was verbal or written. That remains unknown," Dzvetero submitted.
The defence also argued that Chimombe's attendance at ministry meetings was not sufficient to infer criminal liability, as no evidence showed he represented Blackdeck in any official capacity.
"The absence of meeting minutes confirming Chimombe's participation on behalf of Blackdeck weakens the State's case. The only meeting he admits attending is the one whose minutes were tendered as evidence, where he did not present himself as representing Blackdeck," said Dzvetero.
The lawyers further highlighted that Chimombe is a director of Millytake Enterprises, a company that unsuccessfully participated in the same tender. They argued there is no evidence linking him as a director, shareholder, employee, or agent of Blackdeck.
"The documents presented do not show Chimombe's involvement in Blackdeck. There is no relationship between him and the company beyond his friendship with Mpofu," the defence submitted.
In their closing argument, the lawyers maintained that Chimombe has no case to answer and urged the court to acquit him.
"We respectfully submit that Chimombe be discharged at the close of the State's case and a verdict of not guilty be entered," they said.
The ruling on the discharge application is expected soon.
The two are accused of fraudulently misrepresenting to the Ministry of Lands, Agriculture, Water, Fisheries and Rural Development that their company, Blackdeck Livestock and Poultry Farming, was a registered entity in Zimbabwe with valid ZIMRA tax clearance and NSSA compliance certificates.
According to the charges, Blackdeck was awarded a lucrative contract to supply 85,691 goats after receiving ZWL$1.6 billion (approximately US$7.7 million). However, only 4,208 goats were delivered, leaving the government prejudiced to the tune of US$7,380,751.85. No recoveries were made.
Through their legal counsel, Tapson Dzvetero and Ashiel Mugiya, Chimombe and Mpofu have argued that the State failed to establish a prima facie case warranting them to be placed on their defence.
"The accused must establish that no evidence has been adduced by the State to prove the essential elements of the offence. None of the State witnesses directly linked Chimombe to the alleged offence," argued Dzvetero.
The defence pointed out that although the State led evidence from more than five witnesses, including senior government officials like Lands Ministry Permanent Secretary John Basera and Alban Mhindurwa, none provided evidence to prove Chimombe's involvement in the alleged misrepresentation.
"There is no evidence showing that Chimombe was directly or indirectly involved in the preparation of Blackdeck's bid documents. The State failed to establish whether the alleged misrepresentation was verbal or written. That remains unknown," Dzvetero submitted.
The defence also argued that Chimombe's attendance at ministry meetings was not sufficient to infer criminal liability, as no evidence showed he represented Blackdeck in any official capacity.
"The absence of meeting minutes confirming Chimombe's participation on behalf of Blackdeck weakens the State's case. The only meeting he admits attending is the one whose minutes were tendered as evidence, where he did not present himself as representing Blackdeck," said Dzvetero.
The lawyers further highlighted that Chimombe is a director of Millytake Enterprises, a company that unsuccessfully participated in the same tender. They argued there is no evidence linking him as a director, shareholder, employee, or agent of Blackdeck.
"The documents presented do not show Chimombe's involvement in Blackdeck. There is no relationship between him and the company beyond his friendship with Mpofu," the defence submitted.
In their closing argument, the lawyers maintained that Chimombe has no case to answer and urged the court to acquit him.
"We respectfully submit that Chimombe be discharged at the close of the State's case and a verdict of not guilty be entered," they said.
The ruling on the discharge application is expected soon.
Source - Newsday
