High Court judge Justice Kwenda torches storm as “sick” Chimombe fails to appear in court again, demands his appearance this afternoon.

By A Correspondent | ZimEye | High Court judge Justice Pisirayi Kwenda Monday had no kind words for Zimbabwe Prisons and Correctional Services (ZPCS) after they failed to bring fraud accused businessman Mike Chimombe to court.

This was the second time Chimombe failed to appear in court in a space of two weeks further dragging trial which was supposed to start in October last year.

Last week, the court was told that Chimombe had fallen sick and was expected to be better by now and be in court on Monday.

He however failed to appear with his lawyer Lovemore Madhuku asking for a postponement to a later date.

Madhuku said he had no formal report but was informed by Chimombe’s relatives that he is still unwell.

“We are seeking a postponement on the basis that the second accused is not well.

“He has been unwell since last week. This matter was postponed last week in the hope that he will be able to stand trial but we are informed that he is still unwell and was advised to further rest starting from February 28,”Madhuku said.

Kwenda demanded to see the officer in charge before his court.

The officer in charge who identified himself as Chikoto said he was told that Chimombe is still sick adding that he was made to believe the court was aware.

This angered the judge who went on to remind Chikoto of ZPCS duties.

“Do I have to remind you that it is your responsibility to bring the accused to the court? This is your statutory obligation . That’s why you exist,” Kwenda said.

Chikoto suggested that Chimombe could appear this Tuesday.

Kwenda said Chimombe should appear before his court at 14;00 hrs without failure or the prisons will have to write a formal report.

“It is not up to you to keep him at prison if he is needed at court. You listen to court orders. He should be here at 2 pm if not then you will explain,”ordered the judge.

Lawyers tried to reason that they had another case involving Chimombe and his partner Moses Mpofu at the same time at the Supreme Court.

Kwenda could have none of it.

He said he cannot reverse his court order.

Due to continuous deferment of the trial, witnesses were dewarned.

They will be called to court if need arises.

Witnesses were also de-warned because of the uncertainty.

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