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Moses Mpofu to stand trial over US$7m fraud allegations
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High Court judge Justice Pisirayi Kwenda has dismissed an application for discharge filed by businessman Moses Mpofu, who is accused of defrauding the Zimbabwean government of US$7 million through a botched presidential goats pass-on scheme.
Mpofu is jointly charged with Zanu PF Central Committee member Mike Chimombe, who is also seeking discharge. The case stems from allegations that their company, Blackdeck (Pvt) Ltd, submitted fraudulent documents to secure the lucrative government tender, which ultimately failed to deliver.
Through his lawyer, Advocate Tapson Dzvetero, Mpofu argued that he should not be personally charged because it was Blackdeck (Pvt) Ltd - not him as an individual - that was involved in the tender process. He maintained that only the company should answer to the allegations.
However, Justice Kwenda rejected the application, ruling that Mpofu has a case to answer in his personal capacity. Delivering his ruling, the judge said the law is clear on the criminal liability of individuals behind companies, especially where fraud or misrepresentation is alleged.
"Liability in criminal law is very different," said Justice Kwenda. "A person, whether natural or fictional, may not be charged with an offence unless that person committed a crime or was a party to the commission of a crime. If a director commits a crime, he can be charged. A fictional person (company) can only be charged if it was involved."
The judge added that the State's case clearly links Mpofu to the alleged offence, pointing out that it is Mpofu, and not merely Blackdeck, who is accused of submitting the fraudulent documents to the government.
"The State says he is the one who did it. It is saying he was the person behind this entity, hence he is accountable. As such, the accused must take the witness stand and explain," Justice Kwenda ruled. "The State is saying this entity submitted documents which were fake and you are the person who submitted these documents behind this company."
Justice Kwenda further noted that a defence outline is not evidence but merely a roadmap of the accused's case, and at this stage, the court is satisfied that the prosecution has established a prima facie case.
"In the circumstances, we are satisfied that the State has established a prima facie case against the accused. We will put him to his defence," he concluded.
The trial will resume next week as Mpofu is now expected to present his defence before the court.
Mpofu is jointly charged with Zanu PF Central Committee member Mike Chimombe, who is also seeking discharge. The case stems from allegations that their company, Blackdeck (Pvt) Ltd, submitted fraudulent documents to secure the lucrative government tender, which ultimately failed to deliver.
Through his lawyer, Advocate Tapson Dzvetero, Mpofu argued that he should not be personally charged because it was Blackdeck (Pvt) Ltd - not him as an individual - that was involved in the tender process. He maintained that only the company should answer to the allegations.
However, Justice Kwenda rejected the application, ruling that Mpofu has a case to answer in his personal capacity. Delivering his ruling, the judge said the law is clear on the criminal liability of individuals behind companies, especially where fraud or misrepresentation is alleged.
"Liability in criminal law is very different," said Justice Kwenda. "A person, whether natural or fictional, may not be charged with an offence unless that person committed a crime or was a party to the commission of a crime. If a director commits a crime, he can be charged. A fictional person (company) can only be charged if it was involved."
The judge added that the State's case clearly links Mpofu to the alleged offence, pointing out that it is Mpofu, and not merely Blackdeck, who is accused of submitting the fraudulent documents to the government.
"The State says he is the one who did it. It is saying he was the person behind this entity, hence he is accountable. As such, the accused must take the witness stand and explain," Justice Kwenda ruled. "The State is saying this entity submitted documents which were fake and you are the person who submitted these documents behind this company."
Justice Kwenda further noted that a defence outline is not evidence but merely a roadmap of the accused's case, and at this stage, the court is satisfied that the prosecution has established a prima facie case.
"In the circumstances, we are satisfied that the State has established a prima facie case against the accused. We will put him to his defence," he concluded.
The trial will resume next week as Mpofu is now expected to present his defence before the court.
Source - NewZimbabwe
