Tomana puts up spirited fight
SUSPENDED Prosecutor-General (PG) Mr Johannes Tomana says his conduct as then Attorney-General cannot be the basis for an inquiry into his suitability to hold office as the PG.
A three-member tribunal is probing Mr Tomana on a slew of misconduct charges. Hearings commenced last week. Two out of more than 20 witnesses have testified so far.
In his defence, Mr Tomana argued the allegations raised against him were bogus and not deserving of attention.
He said on matters that required him to apply his knowledge of the law, he consulted and was supported by authorities and in some instances by judgments of the local courts.
“There has also been no misconduct committed by him let alone what could be described as gross,” reads part of the defence outline.
“If any cause should exist for a view different to the one he held to be entertained, that could scarcely constitute gross misconduct.” The tribunal must present recommendations to President Mugabe on Mr Tomana’s suitability to remain as the PG. Mr Tomana claims the tribunal cannot by law consider his suitability as AG. That office, he argues, no longer exists. His position as AG was independent and existed apart from his new position as PG, he argued in his defence. “By constitutional command, the tribunal has no authority to inquire into the pre-PG days,” argued Mr Tomana, who is represented by Advocate Thabani Mpofu instructed by Mambosasa Legal Practitioners. “The contextual framework in which the charges are brought taints the process and that it involves the judicial process in moral defilement.” Mr Tomana is facing eight counts of criminal abuse of office at the magistrates’ courts. The same charges are being used to question his exercise of pro s e c u t o r i a l functions.
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Mr Johannes Tomana