The High Court has dismissed an application by Mike Chimombe and Moses Mpofu to refer their ongoing fraud case to the Constitutional Court, ruling that their arguments were “frivolous and vexatious.”
The duo, facing allegations of embezzling US$7.7 million from the Presidential Goat Pass-On Scheme, had challenged the legality of their arrest, detention, and pre-trial proceedings.
Justice [insert name, if known] delivered the decision, stating that the issues raised by the accused did not meet the threshold for constitutional referral. The court found that their concerns were procedural and did not amount to a breach of fundamental constitutional rights requiring the intervention of the apex court.
Chimombe and Mpofu are accused of misappropriating funds intended for the Presidential Goat Pass-On Scheme, a government initiative aimed at empowering rural communities through the distribution of goats. Prosecutors allege that the duo siphoned off a substantial portion of the allocated funds, amounting to US$7.7 million, through fraudulent means.
The accused were formally charged with fraud earlier this year, but the trial has faced multiple delays. Initially scheduled for early October, the proceedings were postponed after Chimombe and Mpofu raised a litany of objections regarding their arrest and pre-trial handling by law enforcement.
In their bid to escalate the case to the Constitutional Court, the pair argued that their rights had been violated during the arrest and detention process. They alleged irregularities and sought to have these issues addressed at the highest judicial level.
However, the High Court ruled that their application lacked merit. The judge emphasized that constitutional referrals are reserved for matters of significant public or legal importance that cannot be resolved through ordinary trial processes. In this instance, the court concluded that Chimombe and Mpofu’s grievances were neither substantial nor constitutionally grounded.
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“This court cannot allow the abuse of judicial processes through frivolous applications that seek to derail the course of justice,” the ruling stated.
With their bid to halt proceedings rejected, Chimombe and Mpofu are now expected to face trial on the fraud charges. Legal analysts suggest that the High Court’s decision may expedite the process, as it clears one of the procedural hurdles that had stalled progress.
The fraud case has garnered widespread attention due to the large sums involved and the high-profile nature of the accused. If convicted, Chimombe and Mpofu could face significant penalties, including lengthy prison terms and restitution orders.
For now, the focus shifts back to the trial court, where the duo will have to answer to the allegations and present their defense. Meanwhile, the Presidential Goat Pass-On Scheme remains under scrutiny, with critics calling for tighter oversight of public funds to prevent future abuses.
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