Mathew Masinge
HIGH Court Judge Justice Pisirayi Kwenda has set aside, with costs, a subpoena to have businessman Wicknell Chivayo testify in Moses Mpofu and Mike Chimombe’s fraud case.
Justice Kwenda made the decision after the duo’s lawyers consented that Chivayo and his lawyer, Advocate Sylvester Hashiti’s court appearance, was not necessary.
Advocate Hashiti had argued that summoning Chivayo could not plead the duo’s case in any way.
The court then made a finding that Chivayo is not a necessary witness to lead evidence in Mpofu and Chimombe’s application seeking referral to the Constitutional Court.
Mpofu and Chimombe are facing fraud charges involving US$7,7 million from a government goat contract.
To support their case, Mpofu and Chimombe had proposed to call four witnesses including Chivayo, Zimbabwe Anti-Corruption Commission chairperson Michael Reza, acting chief public prosecutor Tendayi Shonhai and investigating officer, Henry Chapwanya.
At yesterday’s hearing, Shonhai and Chapwanya were excused after both the State and defence agreed that there was no need for their oral evidence.
The duo’s evidence will now be tended through a statement of agreed facts.
Justice Kwenda ordered Mpofu and Chimombe’s lawyers to come up with a statement of agreed facts paired with the State placing them on notice after delaying progress of the criminal trial.
The trial has failed to start in 42 days with the defence team raising various Constitutional issues.
“The subpoena issued to Wicknell Chivayo is hereby set aside.
“Moses Mpofu and Mike Chimombe shall pay costs associated with the attendance of Chivayo and his counsel.
“I hereby direct counsels to file statements of agreed facts for the witnesses and another barring further delays in hearing the criminal trial,” ruled Justice Kwenda.
The judge expressed his displeasure.
“The application for referral to the Constitutional Court is taking longer than expected.
“I urge counsel to take these proceedings seriously, we need to move on,” said the judge.
The matter was deferred to this Friday for continuation.
