Chimombe, Mpofu back in court

Jailed Zanu-PF central committee member Mike Chimombe and his associate Moses Mpofu are set to return to court tomorrow before Justice Pisirayi Kwenda, where they will launch a fresh bid for freedom following their conviction for fraud.

The two were sentenced to 12 and 17 years in prison respectively after being found guilty by the High Court.

On December 29 last year, their legal team filed an application for leave to appeal against both conviction and sentence, arguing that the court misdirected itself by finding them guilty despite the alleged failure by the State to prove the essential elements of fraud.

In the application, Chimombe's lawyers contend that the court erred in convicting him as a "co-perpetrator," arguing that there was no evidence to establish that he possessed the requisite mens rea, or guilty mind, to commit the offence.

"In convicting the appellant of the offence of fraud as a ‘co-perpetrator' with his co-accused, the court a quo erred in law and misdirected itself in that its finding that the appellant had the requisite mens rea to commit the offence was irrational," the lawyers submitted. They argued that no reasonable court, properly applying its mind to the totality of the evidence, could have arrived at such a conclusion.

Chimombe also raised a third ground of appeal, alleging that the court went beyond the State's case and effectively created its own charge.

"In respect of ground of appeal three, the court went on a frolic of its own as it abandoned the main thrust of the charge and focused its attention on what it called the stealing of the corporate identity of Blackdeck (Private) Limited," the submission reads.

The defence further argued that the effective 12-year prison sentence imposed on Chimombe was excessively harsh and inappropriate in the circumstances.

"The court a quo improperly exercised its discretion in respect of sentence in that the sentence it imposed of an effective 12 years' imprisonment plus restitution is so manifestly excessive and disturbingly inappropriate as to induce a sense of shock," the lawyers said.

Justice Kwenda set January 7 as the date for the hearing of the application for leave to appeal to the Supreme Court. If leave is granted, Chimombe and Mpofu will proceed to lodge their appeal before the apex court. If the application is dismissed, they will still be entitled to approach the Supreme Court directly to challenge the decision.