HARARE – Lawyers representing fraud-accused Moses Mpofu and Mike Chimombe say the continued detention of the business partners was a rare incident in the history of prosecution in Zimbabwe.

This they said as they were applying for bail in a case where the two friends are accused of misusing US$7 million in state funds in a botched presidential goat procurement deal.

Mpofu and Chimombe have been in custody for the past six months with all their efforts to secure bail unsuccessful.

The two were indicted for trial last year and have been appearing before High Court Judge Pisirayi Kwenda, who has dismissed their request to be heard by the Constitutional Court.

The two have applied for bail pending trial citing changed circumstances while arguing that they have not shown any propensity to abscond if granted their freedom.

Through their lawyers, they also informed the judge that they were ready to adhere to stringent bail conditions if their prayer is granted.

Mpofu said he has a house worth US$500,000 and a farm whose title deeds can be surrendered as surety.

Chimombe through his lawyer said he was ready to deposit US$5,000 bail and also has a piece of land that can be used as surety.

They also stated that they were willing to surrender their passports and title deeds as surety.

Advocate Tapson Dzvetero, representing Mpofu, argued that his client was not directly involved in the alleged scandal as alleged by the state.

“One of the state witnesses, John Bhasera, will categorically say it was Blackdeck that was involved in the tender process. The company was among the four which submitted bid documents to the Ministry of Lands not the first accused as an individual,” Dzvetero said.

Lovemore Madhuku said that there have been changed circumstances warranting the granting of bail for their clients.

“This court should not be bound by the decision of the magistrate who denied the two bail,” Madhuku submitted.

The lawyer stated that in law, when an accused person is indicted for trial at the High Court, it is the trial judge who is responsible for determining the bail request without being influenced by proceedings at the lower court.

“I would say this is a very rare case where a fraud-accused person is kept in detention for trial purposes…normally fraud suspects are granted bail.

“This court has interacted with the accused persons on several occasions, and I believe it is clear that these are not high-fly suspects,” he said.

He explained that the case against Chimombe and Mpofu was not extraordinary but rather, one that received widespread publicity.

“Even when you look at them…when you visit them in jail and interact with them, they are homely people.

“The second accused (Chimombe) is ready to surrender title deeds to a piece of land that belongs to his family, which shows that he has no interest in absconding,” he added.

Madhuku also noted that their clients would be easily identified if they attempted to flee because they are well known.

He informed the judge that their clients were coming from home and should have been set free on their first appearance.

Madhuku argued that the magistrate erred in law by failing to inquire whether the two were coming from home.

He also mentioned that the two had received bail consent from the Prosecutor General.

Witness Mabhaudhi, representing the state, was expected to respond this Wednesday afternoon.