Supreme Court Dismisses Mpofu, Chimombe’s Bid To Appeal US$7.7 Million Fraud Conviction

The Supreme Court has dismissed applications by convicted fraudsters Moses Mpofu and Mike Chimombe for leave to appeal against their conviction and sentence in the US$7.7 million Presidential Goat Pass-on Scheme.

The court also barred any appeal against the factual findings of the High Court judge and assessors, leaving only the possibility of an appeal on points of law.

In a judgment delivered on Tuesday, Justice of Appeal George Chiweshe, with Justices of Appeal Susan Mavangira and Hlekani Mwayera concurring, ruled that neither Mpofu nor Chimombe had any prospect of successfully appealing against their sentences.

Their applications for leave to appeal on sentence were dismissed in their entirety.

The ruling means Mpofu remains on an effective 15-year prison term, while Chimombe will continue to serve an effective 12 years, unless a future appeal on limited questions of law succeeds in overturning their convictions.

Justice Chiweshe said the High Court had properly exercised its discretion in sentencing, with the Supreme Court stressing that no error had been made in imposing lengthy custodial terms.

“This was a fraud involving public funds meant to alleviate poverty across the country,” said Justice Chiweshe.

“The amounts involved ran into millions of United States dollars or equivalent local currency. The actual prejudice to the fiscus was thus enormous.”

Although the Supreme Court dismissed the applications for leave to appeal on factual issues and sentence, it ruled that each applicant remains entitled to pursue a narrow appeal on specific questions of law.

Mpofu may appeal, without seeking leave, on three legal grounds relating to the interpretation of the fraud charge and corporate liability, although this is unlikely to overturn the sentence imposed.

Chimombe similarly retains the right to appeal, without leave, on a single legal issue relating to whether the High Court correctly determined that he possessed the criminal intent necessary for a conviction.

However, the court stressed that these legal questions arise by operation of law and do not amount to permission to reopen factual findings made during the lengthy trial.

Justice Chiweshe found no basis to interfere with the High Court’s conclusion that the applicants actively participated in a fraudulent scheme that induced the government to release substantial public funds.

More: The Herald