Judgment reserved in Tomana appeal

Source: Judgment reserved in Tomana appeal | The Herald August 3, 2016

The High Court has reserved judgment in the case in which suspended Prosecutor-General Johannes Tomana is appealing against the magistrates’ court’s decision to place him on bail on fresh charges of criminal abuse of office. Justice Priscilla Munangati-Manongwa reserved judgment to a later date after hearing submissions from both the defence and prosecution counsel.She said she needed time to look into the arguments presented before making a proper ruling on the matter.

Tomana’s lawyer, Mr Alex Mambosasa of Mambosasa Legal Practitioners, confirmed the latest develop- ment.

“We argued our matter today (yesterday) and judgment was reserved,” said Mr Mambosasa. Prosecutor Mr Edmore Nyazamba appeared for the State opposing the appeal.

He said the lower court decision was proper and that the defence appeal lacked merit.

Tomana is facing five fresh charges of criminal abuse of office. He was freed after paying $2 000 bail and surrendering property worth more than $250 000 as surety.

Earlier this year, Tomana was granted $1 000 bail coupled with stringent conditions on two similar charges. He approached the higher court to set aside the lower court’s de- cision.

The defence sought to have the magistrate who made the disputed decision censured for allegedly making “blatant irregularities” on the matter.

It was further argued that the manner in which the proceedings were conducted by the lower court were grossly irregular and demanded that the entire proceedings be set aside.

Tomana appeared in court on July 11 facing five fresh charges of criminal abuse of office.

Earlier this year, Tomana was also freed on $1 000 bail following his arrest on allegations of abuse of office.

He was accused of releasing suspects that allegedly sought to bomb President Mugabe’s business premises in Mazowe.