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Mr Tomana

Tendai Rupapa Senior Court Reporter

Suspended Prosecutor-General Johannes Tomana, who is facing charges of criminal abuse of office, is today expected to apply for refusal of further remand if his trial fails to commence. His trial was supposed to start on August 29 but was postponed to today after the State notified the court that it had not furnished the defence with the relevant papers on time to prepare its defence outline.

“Your Worship we did not serve the defence with relevant papers on time after consolidating all the charges.“Therefore we seek for a further postponement to October 4 for purposes of trial,” said the prosecutor Mr Jonathan Chingwinyiso.

However, through his lawyer Mr Tazorora Musarurwa, Tomana notified the court that he will apply for refusal of further remand if trial fails take place today.

Mr Chingwinyiso is being assisted by Messrs Malvern Musarurwa and Timothy Makoni.The magistrate Mr Vakayi Chikwekwe recused himself from the case and a new magistrate is yet to be assigned to deal with the matter.

Mr Chikwekwe has been presiding over the matter for the purposes of remand only.Tomana is facing trial for criminal abuse of office after he allegedly dropped charges against suspects accused of attempting to bomb Gushungo Dairy.

Allegations in the new cases are that in 2004, Bright Matonga, then chief executive of Zimbabwe United Passengers Company (Zupco), was charged with culpable homicide.

It is alleged that the charge arose from a road traffic accident that claimed the life of Chipo Chikowore.Tomana allegedly called for the docket and instructed that the charges be dropped.

In 2006, Matonga was charged with contravening sections of the Prevention of Corruption Act.In December 2008, Tomana allegedly instructed Morgan Dube to drop charges after plea against Matonga.

The court heard that in 2006, Zupco board chairman Charles Nherera was charged with corruption.Tomana testified as a defence witness and Nherera was sentenced to three years in prison.

After sentence, Nherera unsuccessfully applied for bail pending appeal at the High Court.Nherera served his sentence and was released from prison in December 2008.

When Tomana was appointed AG, he declared that Nherera was innocent and wrongfully convicted.The court heard that former Bindura Hospital acting medical superintendent Beauty Basile was charged with criminal abuse of duty.

She appeared before Harare Regional Magistrates Court.Tomana ordered the withdrawal of charges after plea on November 24, 2009.The court heard that in October 2009, Patrick Mavros, a gold dealer, was charged with possession of gold without a licence.Mavros admitted to the charges but Tomana directed that prosecution be declined, it is alleged.