Source: Tomana appeal deferred | The Herald July 29, 2016
Chief Court Reporter
The High Court has deferred suspended Prosecutor-General Johannes Tomana’s (pictured) appeal hearing against the magistrate court’s decision to place him on bail to secure his attendance for trial on charges of criminal abuse of office.
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.
This was despite the fact that he is already on $1 000 bail coupled with stringent conditions on two similar charges.
Justice David Mangota yesterday deferred the hearing after the prosecutor Mr Edmore Nyazamba failed to appear for the State. He was said to be away attending a funeral.
“The hearing has been deferred to next week on Tuesday,” said Mr Alex Mambosasa of Mambosasa Legal Practitioners who is acting for Tomana.
Tomana is contesting the bail imposed on him without the court hearing submission from both the defence and prosecution counsel.
He wants the higher court to quash the lower court’s decision.
In his appeal, Tomana seeks to have the magistrate who made the disputed decision censured for allegedly making “blatant irregularities” on the matter.
Tomana further argues 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.