Imprisoned ZANU PF central committee member Mike Chimombe and his business associate Moses Mpofu are set to return to court tomorrow as they seek another chance at freedom following their fraud convictions.
The two will appear before Justice Pisirayi Kwenda, where they are expected to pursue an application for leave to appeal against both their conviction and sentences. Chimombe is serving a 12-year prison term, while Mpofu was sentenced to 17 years.
Their legal challenge follows an application filed on December 29 last year, in which their lawyers argued that the High Court erred in law by convicting them despite what they claim was a failure by the State to prove the essential elements of fraud.
Chimombe’s legal team contends that the court misdirected itself by concluding that he acted with the necessary mens rea, or guilty intent, to commit the offence. They argue that no reasonable court, properly assessing the totality of the evidence, could have reached such a finding.
“In convicting the appellant as a co-perpetrator, the court a quo erred in law and arrived at an irrational conclusion regarding the existence of mens rea,” his lawyers submitted.
In a further ground of appeal, Chimombe’s lawyers argue that the court went beyond the scope of the charges presented by the State, effectively creating its own case against the accused.
“The court went on a frolic of its own by abandoning the main thrust of the charge and instead focusing on what it termed the theft of the corporate identity of Blackdeck Private Limited,” the submission reads.
The defence has also challenged the severity of Chimombe’s sentence, describing the effective 12-year imprisonment term, coupled with restitution, as excessive and shocking.
They argue that the sentencing court improperly exercised its discretion and imposed a punishment that is disproportionate to the circumstances of the case.
The matter has been set down for hearing on January 7. Should the court grant leave to appeal, Chimombe and Mpofu will proceed to lodge their appeal before the Supreme Court. If the application is dismissed, they will still have the option of approaching the Supreme Court directly to challenge the ruling.
