Chimombe, Mpofu's defence object to tendering of new documents

Lawyers representing businessmen Moses Mpofu and Mike Chimombe on Thursday protested in court after the prosecution attempted to introduce a crucial document in the ongoing trial over a controversial US$7 million goats pass-on scheme.

The two businessmen are accused of defrauding the government by securing a tender through a non-existent company, Blackdeck, under a scheme meant to empower rural farmers. Both have denied the charges and have been in remand prison since their arrest in June last year.

Tensions ran high in court when Whisper Mabhaudhi, representing the National Prosecuting Authority (NPA), sought to submit a standard bidding document allegedly linked to the accused as an exhibit while leading Precious Isa, a procurement officer from the Ministry of Lands and Agriculture.

Defense lawyers Tapson Dzvetero, representing Mpofu, and Professor Lovemore Madhuku, representing Chimombe, strongly objected to the move, arguing that the document had not been disclosed prior to the start of the trial, contrary to legal requirements.

Dzvetero told the court that the document was only handed to the defense on June 3 - after three witnesses had already testified, and his client had submitted a plea and prepared his defense in the absence of the contested exhibit.

"The first accused (Mpofu) was not furnished with the document prior to preparation for this case as provided for by the law," Dzvetero said. "The trial was already midway. The first three witnesses were cross-examined without the benefit of this document."

Professor Madhuku echoed the concerns, accusing the court of compromising the fairness of the proceedings.

"The Constitution provides for a fair trial. An accused person cannot be tried on rules made in a trial court," he said. "We haven't read the document, and we do not intend to read it because it was not given to us. The right to a fair trial is being infringed right before our eyes."

Madhuku also expressed concern over what he viewed as a shift in the court's role, stating, "We are worried that there has been a lengthy exchange of words between the court and the defence of the first accused… the court risks descending into the arena."

Despite the objections, presiding magistrate Ngoni Nduna emphasized the significance of the bidding document, describing it as central to the case.

"It is the reason why we are gathered here," he said. "Anybody would be surprised that the court would sit and conduct a trial about a bid that sits in the air."

The trial is set to resume on Friday as the legal battle over the admissibility of the document continues.

Mpofu and Chimombe are accused of fraudulently securing a government tender to supply goats under the Presidential Goat Pass-On Scheme using Blackdeck, which the state alleges was not a registered or operational entity at the time of bidding.

The outcome of the trial could have wider implications for government procurement processes and public trust in empowerment initiatives.