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OpenChimombe And Mpofu's Constitutional Court Referral Denied By High Court
The High Court has dismissed Mike Chimombe and Moses Mpofu’s application to refer their fraud case to the Constitutional Court, labelling their claims as “frivolous and vexatious.”
The two are accused of embezzling US$7.7 million from the Presidential Goat Pass-On Scheme. The court said that they sought to delay their trial.
The duo raised objections about their arrest, detention, and the involvement of a Zimbabwe Anti-Corruption Commission official, Michael Reza, in denying them bail.
They also challenged the age of the court assessors, arguing that their advanced ages could hinder the fairness of the trial.
The defence, led by Lovemore Madhuku, argued that the law states the age limit for High Court judges is 70, yet the assessors who were sitting with Justice Pisirayi Kwenda were beyond that age.
Justice Kwenda rejected these claims, saying they were merely attempts to block prosecution and labelling the age-related argument as “ageism.” The trial is set to proceed. Said Kwenda:
That was discrimination against elderly individuals.
The claim was not supported by any research, scientific evidence, or substantive knowledge about the assessors involved in this case.
There was no proof that their age affects their capacity to perform…
Now, with regards to the application for bail pending trial that was made before this court, it shows the two had an opportunity to challenge the law, but they did not do so. Timing is important.
I therefore find that issues which relates to their appearance in the magistrates’ court, withdrawal of bail consent are frivolous and vexatious because the court cannot do anything about it now. It’s in the past.
The case returns to court on 10 February next year and will run on a continuous roll.
More: Pindula News
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