Businesspersons Mike Chimombe and Moses Mpofu will spend Christmas behind bars, because the High Court has only scheduled a hearing for their bail application, which was based on altered circumstances, for January 17 of next year.
Despite this setback, the defence team is reportedly making fervent efforts to push for a more urgent hearing, seeking to expedite their clients' release should the High Court agree that the circumstances have changed and that the changes mean that bail can now be granted.
The two stand accused of defrauding the Presidential Goat Pass-On Scheme of a staggering US$7,7 million, charges that have cast a long shadow over their reputations.
Earlier this month, their attempt to halt proceedings and refer the matter to the Constitutional Court was summarily dismissed by Justice Pisirayi Kwenda, who denounced the application as "frivolous and vexatious".
Chimombe and Mpofu had raised objections to their arrest, detention, and pre-trial processes, arguing that these issues involved breaches of constitutional rights requiring adjudication by the Constitutional Court.
However, Justice Kwenda found no merit in their claims, describing the move as a deliberate attempt to stall the impending trial.
This dismissal marked the latest twist in a case that has seen its fair share of procedural wrangling.
The initial trial, which was supposed to start in early October, was delayed due to the defence's application for referral to the Constitutional Court. Now, with that obstacle cleared, the trial has been rescheduled to begin on February 10 next year, barring any further delays.
Despite the High Court's ruling, the defence team appears undeterred, reportedly preparing a direct application to the Constitutional Court in a bid to revisit the alleged constitutional violations. The Constitutional Court would then set up a panel to look at the application, and only if it is granted will the full bench hear the case.
Central to their argument is the assertion that the trial proceedings should be paused until these issues are fully addressed, a claim that has thus far failed to persuade the courts.
