HIGH Court judge, Justice Tawanda Chitapi yesterday said acting Prosecutor-General (PG) Ray Goba should not cry foul if an adverse decision is made against him following his refusal to appear before the judge as directed.
Source: Acting PG defies Justice Chitapi’s directive – NewsDay Zimbabwe February 16, 2017
BY CHARLES LAITON
Justice Chitapi on Tuesday directed State representative in the ongoing trial of suspended PG Johannes Tomana, Jonathan Chingwinyiso, to ask Goba to appear in court to explain a letter he had written to the Judge President, Justice George Chiweshe.
Goba sought Justice Chiweshe’s intervention in his quest to force Justice Chitapi to recuse himself from handling Tomana’s trial, arguing the judge, at one point, worked with the accused at the National Prosecuting Authority (NPA).
The letter prompted Justice Chitapi to call Goba to appear in person and clarify his position, but the latter added insult to injury by citing Justice Chitapi as a respondent in another application seeking his recusal.
“Where a party is granted an opportunity to come and explain itself against allegations made, but wilfully, knowingly and intentionally decides not to do so, it must not cry foul if an adverse decision is made against it,” Justice Chitapi said addressing Chingwinyiso.
“I simply wanted him (Goba) to address such issues that what is it he finds offensive about calling Tomana, Prosecutor General.”
Prior to postponing the matter indefinitely, Justice Chitapi said he was not pleased that the NPA was trying to involve him in the politics of the organisation.
In response to calls inviting him (Goba) to appear in court, the acting PG reportedly wrote an affidavit for consideration and if the judge was not satisfied with the contents, he could issue a citation subpoenaing him to attend.