Convicted fraudsters Mike Chimombe and Moses Mpofu sought to delay their sentencing at the High Court on Monday, arguing they had not been provided with the written judgment from their conviction.
The pair were recently found guilty of defrauding the government of US$7 million in a Presidential Goats Scheme tender.
Appearing for the defence, Professor Lovemore Madhuku argued that his clients could not prepare adequate mitigation submissions without the official written ruling.
“The accused’s position is that without sight of the written judgement [they] will be... unable to do proper mitigation and also will be unable to respond adequately,” Madhuku said.
He stated that the accused did not take notes when the initial judgment was delivered verbally and required the document to give proper instructions to their lawyers. Madhuku framed the request as a "legal right to a fair, public trial."
“The accused persons certainly require the judgement to make preparations for mitigation… they need to prepare, and by giving them time to prepare the court will be giving them their legal right,” he said
The State, represented by prosecutor Whisper Mabhaudhi, strongly opposed the application, calling it "misplaced."
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Mabhaudhi argued that the judgment was delivered in open court and the legal teams were expected to have taken notes.
“The court announced that parties should take notes, and there was no undertaking that the judgement would be released before sentence was made,” Mabhaudhi said.
He contended that there is no legal provision for such an application before sentencing and that the proceedings should continue.
“This is a matter of preference, which is being disguised by the accused persons as a right. In the absence of a written judgement, this particular application is not provided for to detain the court,” Mabhaudhi stated, asking for the application to be dismissed.
In response, Madhuku clarified his position: “We are not challenging the conviction, but we are saying to enable us to facilitate pre-sentencing, avail the written judgement to us.”
He added, “The state is directing us to go and watch YouTube for the judgement, but my clients do not have access to YouTube.”
Justice Pisirayi Kwenda postponed the proceedings until after lunch on Monday.
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