Judge denies Chimombe, Mpofu bail again

HARARE, Jan 23 (NewsDayLive) - High Court judge Justice Benjamin Chikohwero has dismissed a bail application filed by two controversial businessmen Moses Mpofu and Mike Chimombe who are accused of swindling City of Harare of US$9 million in a botched street lights scheme.   The two Zanu PF members filed the bail application last Friday barely 24 hours after their other bail application in a US$7,5 million government goat scandal was dismissed at the High Court.   Justice Chikowero said the reasons for dismissal of their latest bail application, on changed circumstances, will be given later.   The pair has remained in remand prison for close to nine months as the courts continue to deny them citing the gravity of the offences they are facing.   Chimombe's lawyer Ashley Mugiya had submitted that his client deserved to be freed since his alleged accomplices from the Harare City Council have been granted bail on the same charge. Mpofu's lawyer advocate Tapson Dzvetero also concurred with Mugiya saying the court should release their clients forthwith.   But the State represented by Whisper Mabhaudhi opposed the application saying although council officials and the pair were facing the same charge, their bail circumstances were different.   "The granting of bail to city council officials has no bearing on the bail of these accused persons," Mabhaudhi submitted.   It is the State’s case that sometime in January last year, Harare City Council embarked on a project to rehabilitate itsa street lights in preparation for the Sadc summit hosted by Zimbabwe in August.   The court heard that council invited bids and 11 companies responded, including Juluka Endo Joint Venture (Pvt) Ltd, a company where Mpofu was a co-owner.   The invitation to tender stipulated that all prospective bidders should have stamped audited financial statements for the last two years.   The tender documents also required proof of payment of special procurement oversight committee and administration fees, among other requirements.   The court heard that on April 19 this year, an evaluation committee awarded four companies eight lots to rehabilitate the street lights.   Mpofu’s company failed to meet the requirements because its audited statements did not have an audit opinion, which was a prerequisite for bidding.   However, council went on to invite Mpofu’s company to submit a fresh bid and it re-submitted the bid document containing false statements.   Mpofu allegedly misrepresented that his company was compliant with the requirements of general regulations.   According to court documents, Mpofu submitted a bid security obtained on March 26 which his company had used in a previous unsuccessful tender.   He allegedly submitted audit documents which they claimed were prepared by three consultancy companies, which according to the Zimbabwe Anti-Corruption Commission, were unregistered.   Mpofu’s company was allegedly awarded the contract.   The State alleged that Chimombe signed as a witness, which culminated in them receiving a part payment of US$260 000.