BUSINESSMAN Mike Chimombe has dissociated himself from Juluka, the company in the eye of a storm in a fraudulent deal over street lighting in Harare, and has refused to be placed on remand.
Chimombe and his accomplice, Moses Mpofu, appeared before Harare regional magistrate Stanford Mambanje after indications that they were going to seek the recusal of the presiding officer magistrate Marewanazvo Gofa.
Chimombe’s lawyer, Arshiel Mugiya, told the court that he had instructions to oppose prosecutor Anesu Chirenje’s application to place him on remand pending the finalisation of investigations.
“Chimombe is opposed to being placed on remand because there’s no reasonable suspicion that he committed the offence.
“The State must satisfy that there are indeed grounds and good cause in order for the court to place an accused person on remand.
“The test is an objective test and that test has been time and again, in several cases, been made clear by the superior courts that the State must allege facts that, at least, link an accused person to an alleged offence.
“While the State is not supposed to prove its case beyond reasonable doubt at this stage, the State must allege prima facie facts which this court must allude to, the facts must satisfy the legal requirements of a certain statute for there to be reasonable suspicion.”
The lawyer added:
Chimombe, through his lawyers, is challenging to be placed on remand by submitting that he has no case to answer.
The court will make a ruling this Friday on whether Chimombe will be placed on remand or not, while his co-accused Mpofu, has indicated that he is not opposing being placed on remand.
Chimombe and Mpofu allegedly used false documents to secure a Harare City Council tender to rehabilitate street
lights in May this year.
The fraud accused businessmen allegedly misrepresented their company’s compliance with public procurement regulations by resubmitting a previously used receipt, despite being disqualified in an earlier bid.
The court heard that through misrepresentation and falsified documents, the duo’s Juluka Enndo Joint Venture company was allegedly awarded the tender. ZBCCrime and Courts Reporter- Affirmative Action Group President and Zanu PF member Harare Mike Chimombe is denying fresh charges of fraudulently obtaining a tender to rehabilitate street lights in Harare.
Chimombe and Moses Mpofu, who are already on remand, were back in court this Thursday in a fresh case where they are being accused of acquiring a tender to install street lights in Harare through fraudulent means.
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