Harare – Embattled businessman Mike Chimombe, who has been held in remand prison since his arrest in June of last year, was finally brought before the High Court on Monday after initially failing to appear for his fraud trial.
The dramatic turn of events saw a visibly unwell Chimombe, struggling to speak, appear before Justice Pisirayi Kwenda in the afternoon.
During his brief appearance, Chimombe sat in the dock with his head bowed, covering his face. Justice Kwenda had earlier insisted that the businessman appear physically before his court, despite prison officials confirming that their inmate was under the weather.
Chimombe’s lawyers had informed the court a week prior that their client required at least seven days to recover from his ailment. However, Chimombe’s failure to appear again on Monday infuriated Justice Kwenda, who then demanded to see him in his court.
The judge accused the Zimbabwe Prisons and Correctional Services (ZPCS) of breaching his order to bring Chimombe to court on Monday. He also expressed his displeasure at both the state and the defence for failing to update him on Chimombe’s absence before the trial.
Addressing Chikoto, a ZPCS officer in charge of operations at the High Court, after summoning him to explain Chimombe’s absence, Kwenda stated firmly: “Do I have to remind you that it is your responsibility to bring the accused to the court? This is your statutory obligation. That’s why you exist.”
He ordered prison officials to bring Chimombe to court at 2PM on the same day or provide a detailed formal report explaining why he could not attend court. “It is not up to you to keep him at prison if he is needed at court. You listen to court orders. He should be here at 2PM; if not, then you will explain,” the judge said.
Lovemore Madhuku, representing Chimombe, informed Kwenda that the Supreme Court appeal against the denial of bail pending appeal for both Chimombe and his business partner, Moses Mpofu, was being heard simultaneously.
However, the judge remained unmoved, insisting that he wanted Chimombe to appear physically in his court. Kwenda emphasised that he had already issued an order and could not rescind it due to the ongoing Supreme Court appeal.
Madhuku argued that it was impossible for the two to have different cases involving them being heard at the same time. “If the court wants to see him for something else, he can be here but if it is for trial, he has to be represented in accordance with the law…again that’s not allowed. This court can only sit with the accused as a trial court and nothing other than that.”
Madhuku further added, “I think you have a room to correct your order my Lord,”.
Kwenda retorted that the court would proceed even in the absence of the lawyers.
ZPCS officials then proceeded to fetch Chimombe, who, upon appearing before the court, stated that he had nothing to say because he had already instructed his lawyers.
Ultimately, the matter was postponed to March 17 for the commencement of the trial.
Chimombe and Mpofu are accused of fraudulently acquiring a tender to supply goats under a presidential goat scheme run by the government. The case has attracted significant public interest, raising questions about transparency and accountability in government procurement processes. The trial is expected to shed light on the allegations and determine the fate of the two businessmen.
