HARARE – Jailed business partners Mike Chimombe and Moses Mpofu suspect there is a “third hand” that has been active in their recent court battles as they also took umbrage with a recent decision by High Court judge Pisirayi Kwenda to allow the state-owned ZTN to livestream their trial on alleged tender fraud.
In their joint application for referral of their case to the Constitutional Court now before the High Court, the two said this was done without their knowledge, adding that the state was also not included.
The two also raised several issues which they feel should be determined by the Constitutional Court.
The issues include the composition of the bench and alleged selective prosecution, among other things.
“On the third day of the hearing, the learned judge (it’s not clear whether in the presence of assessors or not) indicated that court had commenced late because he was entertaining in chambers an application to have the trial proceedings livestreamed.
“The learned judge advised that he had granted the application for the media to livestream the proceedings in chambers.
“This alleged application was entertained in the absence of the accused persons and to the exclusion of the state,” said the lawyers.
The two also said there seemed to be a “third hand” involved in their prosecution.
They said initially there was bail consent which was turned down despite that they were cooperating and had made their first appearance coming from home.
Bail issues usually do not arise when an accused person is coming from home.
They also said the High Court refused to hear their bail application under case number 183-4/24 on the basis that their indictment precluded them to make a bail application until the trial date.
The state is yet to respond.
