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Nyuuz
Jailed businessmen fight for Supreme Court appeal shot
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[QUOTE="Munyaradzi Mafaro, post: 82316, member: 636"] Two locked-up businessmen are fighting for another day in court. Moses Mpofu and Mike Chimombe appeared before Justice Pisirayi Kwenda. They want permission to appeal their fraud convictions and long prison sentences. Mpofu received a seventeen-year term. Chimombe got twelve years behind bars. Their lawyers applied for leave to appeal last week. The state strongly opposes this move and wants them to stay in jail. Prosecutors actually think the sentences were too light. They argue that the punishment does not match the seriousness of the crime. Officials believe it fails to deliver proper justice or deter others. The defense claims the trial court made critical legal mistakes. Advocate Tapson Dzvetero and Ashiel Mugiya represent the pair. They say the required elements for fraud were never proven. A key argument focuses on criminal intent, or mens rea. The lawyers insist the court was wrong to find their clients had it. They believe the evidence did not support that conclusion. Chimombe's team made a sharper accusation against the trial judge. They said the court went on a frolic of its own. This means it allegedly invented charges not brought by prosecutors. They claim the judge focused on stealing a company's identity. That company was Blackdeck Private Limited. The defense says this shifted from the state's original case. Both men argue their sentences are shockingly excessive. Chimombe's lawyers call his term manifestly harsh and irrational. They say it induces a sense of shock in any reasonable observer. Mpofu's team challenges the finding that he was the main perpetrator. They label the guilty verdict illogical and without foundation. They argue no reasonable court would convict based on the presented evidence. Today's hearing is a major crossroads for both men. A successful application sends its case to the Supreme Court. It could also let them apply for bail while waiting for the appeal. The prosecution vows to fight this application vigorously. They are determined to keep the two in prison. The judge's decision will shape the next phase of this high-profile legal battle. [/QUOTE]
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Jailed businessmen fight for Supreme Court appeal shot
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