By Court Correspondent | ZimEye | High Court judge Justice Pisirayi Kwenda has once again denied business partners Mike Chimombe and Moses Mpofu bail.

The two are accused of abusing US$7 million public funds in a botched presidential goats deal.

Kwenda said the two face a 20 year jail term if convicted because they abused public funds.

Regarding the seriousness, I have looked at the penalty…the presumptive penalty for fraud is 20 years.

“If a fraud involves public funds and involves a huge prejudice the sentence will be severe.

“I’m persuaded that the presumptive sentence knowledge of the penalty remains, and is likely to influence the applicants to flee,” he said.

“A presumptive sentence is where the court starts from. It must consider that sentence first, it can go down it can go down.

“These sentencing guidelines tend to be followed. In this case it provides for two presumptive sentences.

Kwenda said where the prejudice is insignificant it can be six months.

“Where the item, funds, or property is of high value or state funds, it will be an aggravating factor.

“If the fraud is committed by an offender who is holder of a public office, it is an aggravating actor and the court should start from there.

“If it involves public funds, it is an aggravating actor and the court should start from there,” he said.

“I do accept the submission by the State that the situation has turned for the worst in the sense the applicants have another pending matter which also involves abuse of public funds. This weighs against them.

“I therefore find that two of the compelling reasons by the magistrate that the applicants are facing a serious offence and can interfere …the application bail cannot succeed and I therefore dismiss it,” he ruled.-ZimEye