Tomana trial deferred

Source: Tomana trial deferred | The Herald July 21, 2016

Tendai Rupapa Senior Court Reporter
The trial of suspended Prosecutor-General Johannes Tomana has been moved to August 29 to allow the prosecution to consolidate all the six charges of criminal abuse of office into a single case for purposes of trial.

The prosecution will also furnish the defence with the relevant papers to prepare its defence outline.

Two more prosecutors will be part of a prosecuting team assembled to represent the State.

Mr Jonathan Chingwinyiso and Mr Malvern Musarurwa joined Mr Gwinyai Shumba and Mr Timothy Makoni.

Tomana is represented by Advocate Thabani Mpofu instructed by Mr Alex Mambosasa and Tazorora Musarurwa of Mambosasa and Associates.

Tomana yesterday appeared before Mr Vakayi Chikwekwe, who remanded him to August 29.

Mr Chikwekwe recused himself from the case, but presided over it yesterday for the purposes of remand.

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 and his appeal was dismissed 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 and 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.