To­mana puts up spir­ited fight

Chronicle (Zimbabwe) - - Front Page - Fidelis Mun­y­oro

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

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