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Mr Tomana

Chief Court Reporter
Suspended Prosecutor-General Johannes Tomana is waiting to hear from the prosecuting authorities when he is likely appear in court to face fresh charges of criminal abuse of office.

Tomana was arrested on Friday as he was leaving the Harare Magistarates’ Court, following a successful application to have the magistrate presiding over his trial to recuse himself.

His lawyer, Mr Tazorora Musarurwa of Mambosasa and Associates, told The Herald yesterday that Tomana was released by police after recording a warned and cautioned statement on Friday night.

“The police will take the docket to the National Prosecuting Authority for perusal,” said Mr Musarurwa.

“They will advise us when our client will go to court so that he can be formally charged. There is a proposal to marry the new charges with the existing ones. This means all the charges will be consolidated into a single case for purposes of trial.”

Tomana is currently facing trial for criminal abuse of office after he allegedly dropped charges against suspects accused of attempting to bomb Gushungo Dairy.

Last week, President Mugabe suspended Tomana and appointed a tribunal to probe his official conduct.

The three-team tribunal is headed by retired High Court judge Justice Moses Chinhengo. The other members are veteran lawyer and dean in the Faculty of Law at the University of Zimbabwe Mr Emmanuel Magade and lawyer Mrs Melina Matshiya.

The five fresh charges of criminal abuse of office include the just-ended rape trial of Zanu-PF Bikita West legislator Munyaradzi Kereke and, corruption trials of ex-Zupco chief executive Bright Matonga, and former Zupco board chairman Professor Charles Nherera.

Tomana is also alleged to have facilitated the acquittal of Prof Nherera in the corruption case. He also declined to prosecute Kereke over rape allegations and Telecel Zimbabwe major shareholder Jane Mutasa over fraud involving $1,7 million airtime recharge cards.

His refusal to issue certificates of private prosecution in the Kereke and Mutasa cases resulted in him being cited for contempt of court by the Supreme Court.

He was slapped with a 30-day jail sentence, wholly suspended, on condition that he complied with the court order to issue certificates for private prosecution in both cases.

Kereke eventually went on trial after Tomana complied with the court order and issued the certificate of private prosecution.