HARARE – Lawyers representing businessmen Moses Mpofu and Mike Chimombe who are accused of swindling the government of US$7 million in a goats pass-on scheme on Thursday protested to the tendering of a standard bidding document allegedly by their company in court arguing it was never part of documents availed when the trial commenced.

Whisper Mabhaudhi representing the National Prosecuting Authority (NPA) wanted to submit the document as exhibit while leading Precious Isa, a procurement officer in the ministry of Lands and Agriculture.

Tapson Dzvetero representing Mpofu as well as Professor Lovemore Madhuku representing Chimombe contested the production of the document leading to a lengthy exchange of barbs between the court, state and defense.

Madhuku said his client was being subjected to an unfair hearing further accusing court of descending into the arena while Dzvetero argued that tendering that document now would prejudice his client.

“The first accused (Mpofu) was not furnished with the document prior to preparation for this case as provided for by the law.

“We were only furnished with the bid document on June 3, which only a day before yesterday.

“The trial was already midway. Three witnesses had already led evidence.

“The first accused had already tendered his plea and prepared his defence minus that document.

“The first three witnesses were cross examined minus that document,” he said.

Kwenda then commented that the dicoment was important.

“It is the reason why we are gathered here. There is no any other dimension for this court to hear this case other than discussing the bid. Anybody would be surprised that the court would sit and conduct a trial about a bid that sits in the air,” he said

Madhuku then stood up and also challenged the document.

“The Constitution provides for a fair trial. An accused person is tried on written rules. An accused person cannot be tried on rules made in a trial court.

“We haven’t read the document and we do not intend to read it because it was not given to us.

“We are also worried that there has been a lengthy exchange of words between the court and the defence of the first accused… our view is that in doing this the court would be descending into the arena,” Madhuku said.

Madhuku also said “the right to a fair trial is being infringed right in our eyes. We will however respect the court’s judgment,” he said.

Trial is expected to continue this Friday.

Mpofu and Chimombe are accused of applying for a goats tender deal using a non-existent company Blackdeck.

They both deny the charges.

The two have been in jail since their arrest in June last year.