Businessmen Moses Mpofu and Mike Chimombe say they want to drag Wicknell Chivayo to court as one of four witnesses in the US$7 million fraud case.
Mpofu and Chimombe proposed calling four witnesses: Zimbabwe Anti-Corruption Commission Chairman Michael Reda, investigating officer Henry Chabwanya, acting Public Prosecutor Ms. Tendai Chunhe, and businessman Mr. Wicknell Chivayo.
According to the Herald, Reda is accused of interfering with their right to bail, while Mr Chivayo’s testimony is required to address concerns of selective prosecution, despite not being linked to the goat fraud case.
The state does not oppose the defense’s move because some of the witnesses are state witnesses and are available. The defense is seeking to resolve its constitutional questions before the trial begins.
Mpofu and Chimumbi told the judge that after the prosecution approved bail, Mr Reda intervened which resulted in the approval being cancelled.
This was after the state asked them to submit their property titles, hand over their passports, and pay bail of US$1,000 each.
Regarding their desire to call Mr. Chivayo as a witness, the two, under questioning by the Public Prosecutor, Mr. Whisper Mabhodi, failed to explain how they linked Mr. Chivayo to the goat fraud case.
They both admitted that Mr Chifayo had nothing to do with the charges against them, but sought to link him to another tender not related to the presidential plan to pass the goats.
Their lawyers say that outside forces are coordinating their prosecution and that the charges amount to unlawful imprisonment on the basis of inability to fulfill a contractual obligation.
Judge Kwenda will address the constitutional issues raised before determining whether the trial should go ahead or be referred to the Constitutional Court.