The defence team in the case of businessmen Moses Mpofu and Mike Chimombe, accused of US$7 million fraud in a goat contract with the Government, wants to call four witnesses to support its bid to refer to the Constitutional Court questions on alleged infringement of their rights.
To support their case, Mpofu and Chimombe have proposed to call four witnesses: Zimbabwe Anti-Corruption Commission chairman Mr Michael Reza, investigating officer Henry Chapwanya, acting chief public prosecutor Ms Tendayi Shonhai, and businessman Mr Wicknell Chivayo.
Mr Reza is accused of interfering with their right to bail, while Mr Chivayo's testimony is sought to address selective prosecution concerns, despite not being linked to the goat fraud case.
The State is not opposed to the defence move since some of the witnesses are State witnesses and available.
The defence seeks to resolve its constitutional questions before the trial commences.
The High Court started its hearings on the constitutional application, with Justice Pisirayi Kwenda adjourning the case to November 11 for the defence to prepare a summary of what they expect from each witness's testimony.
The judge gave a directive that the defence must first give summaries of what they expect from each witness, in terms of the rules of the court.
Earlier on, the duo gave evidence on how they claimed Mr Reza interfered with bail at the magistrates' courts.
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In their testimonies yesterday, Mpofu and Chimombe told the judge that after prosecution consented to bail, Mr Reza interfered resulting in the consent being revoked.
This was after the State had asked them to provide their title deeds, surrender passports, and pay US$1000 bail each.
Concerning their wish to call Mr Chivayo as a witness, the two under cross examination from the prosecutor Mr Whisper Mabhaudhi, failed to explain how they were linking Mr Chivayo to the goat fraud case.
They both conceded that Mr Chivayo had nothing to do with the charges they are facing, but sought to link him with another tender not related to the Presidential Goats Pass-on Scheme.
Mpofu and Chimombe face charges of defrauding the Government over US$7 million through a fraudulent goat supply tender issued by the Ministry of Lands, Agriculture, Fisheries, Water and Rural Development.
Their lawyers argue that external forces are orchestrating their prosecution and that the charges amount to unlawful imprisonment based on inability to fulfil a contractual obligation.
Justice Kwenda will address the constitutional issues raised before determining whether the trial should proceed or be referred to the Constitutional Court.
