Harare – The prosecution in the high-profile trial of businessmen Moses Mpofu and Mike Chimombe, accused of defrauding the government of US$7.7 million under the Presidential Goat Pass-On Scheme, has insisted that a prima facie case has been clearly established, and the two must be put to their defence.

In a strongly worded written response filed at the High Court on Tuesday, prosecutors Whisper Mabhaudhi and Loveck Masuku dismissed the defence’s application for discharge at the close of the State’s case, arguing the evidence presented during trial not only links the accused to the fraud, but demonstrates active and deliberate participation.

“The first accused was involved in the tender process from its inception. He visited the Ministry of Agriculture with the second accused, engaged Alban Mhindurwa about the tender, and later submitted a bid,” reads part of the State’s submission.

The prosecution contends that Blackdeck Pvt Ltd, the company that won the contract, failed to meet essential requirements — including ZIMRA tax clearance and NSSA compliance — due to non-compliance, and that certificates submitted during the tender process were forged.

ZIMRA and NSSA officials who testified in court confirmed that the documents were fraudulent, the court heard.

Further damning, the State alleges that the tender was awarded to non-existent or misrepresented entities, including Blackdeck Livestock and Poultry Farming and Blackdeck trading as Colenso Farm — names not legally registered under Zimbabwean corporate law.

“The first accused signed the contract and its addendum on behalf of Blackdeck Livestock and Poultry Farming — a non-existent entity,” the State argued.

Mike Chimombe, the second accused, is said to have falsely presented himself as an official of Blackdeck, despite being the director of a separate company, Millytake Pvt Ltd, which was unsuccessful in its tender bid.

On the operational front, the prosecution alleges massive inflation of goat numbers.

“They claimed to have 32,500 goats, but only had 3,713 — including 325 kids. When asked to lead identification of the goats, they refused. The goats were never found,” the prosecutors submitted.

Financial discrepancies also emerged in court, with the State saying RTGS$200 million was transferred from Blackdeck’s government deposit to Millytake Pvt Ltd, implicating Chimombe in benefiting from the proceeds of fraud.

“The government signed a contract with a non-existent entity. The forged documents rendered the contract null and void from the beginning,” concluded the State.

Despite the prosecution’s forceful argument, defence lawyers for both Mpofu and Chimombe have pushed back strongly, maintaining that the State failed to prove the essential elements of the offence.

They argued that:
• The prosecution presented no minutes from meetings Chimombe allegedly attended;
• The focus of the State’s case is on events prior to the contract award, whereas most evidence relates to post-award issues;
• No direct link was established between Mpofu, Chimombe, and any personal benefit from the alleged fraud.

The defence teams insist that no prima facie case has been made and that their clients should be acquitted.

The matter continues on Friday, with both sides expected to deliver oral submissions before the High Court.