Story by Peter Chivhima
THE High Court has reserved judgment in a case where jailed fraudsters Moses Mpofu and Mike Chimombe are seeking leave to appeal their convictions and sentences at the Supreme Court.
The duo is requesting the High Court to grant them permission to challenge both conviction and sentence before the superior court.
“Leave to appeal refers to formal permission granted by a court allowing a party to challenge a decision in a higher court. It is often required when an appeal is not automatic, meaning the appellant must first convince the court that there are arguable grounds such as legal errors or procedural irregularities that justify a review by a superior court,” Constitutional Expert, Professor Lovemore Madhuku said.
In an application filed by their legal team before High Court Judge Justice Pisirayi Kwenda this Wednesday, Mpofu and Chimombe argued that the State misdirected itself during trial, citing irregularities.
“We applied before the court for our matters to be heard at the Supreme Court. Today was largely a housekeeping session, as one of the cases had been filed under a different case number. The court has since consolidated the two applications, which will now be heard as one. Following the consolidation, the court has reserved judgment,” Advocate Tapson Dzvetero stated.
The two were convicted last year after being found guilty of defrauding the government of over US$7 millions in a Presidential Goat Pass-On Scheme.
The scheme was meant to benefit vulnerable households across the country.
As the State remains unsatisfied with the sentence, arguing that it is too lenient, the defence team is also raising irregularities, saying the court misdirected itself.
It thus remains to be seen if both parties are setting the stage for yet another legal showdown.
