Story by Fungai Jachi
BUSINESSMAN Wicknell Chivayo who was summoned to testify in a case in which businessmen Moses Mpofu and Mike Chimombe are accused of fraud involving US$7 million, has challenged the summon, arguing he cannot testify in a matter he knows nothing about.
The court issued a subpoena to Chivhayo at the request of Chimombe and Mpofu who wanted him to testify in their application for referral of their case to the Constitutional Court.
Chivhayo argued that he had not been told the reasons for the subpoena and he knew nothing about the case and charges they are facing.
The court set aside the subpoena and ordered the duo to pay costs of coming to court to Chivhayo and his legal practitioner.
“My client was subpoenaed but we did not know the reasons why. So we ended up agreeing with the accused persons that my client had no business in this case.”
Two other witnesses who had also been subpoenaed had their subpoena’s set aside.
Justice Pisirayi Kwenda who is presiding over the matter cautioned lawyers of the accused persons against delaying the completion of their application for referral to the Constitutional Court.
The matter was deferred to November 15.
Chimombe and Mpofu are applying for their matter to be referred to the Constitutional Court.
The duo is accused of fraud in a botched goat supply scheme.
