'Tomana drags feet on Kereke'

HARARE - A lawyer representing the guardian of a girl allegedly raped by Zanu PF MP for Bikita West, Munyaradzi Kereke, has threatened to file an application for contempt of court against prosecutor general Johannes Tomana.

Charles Warara has since written to Tomana, asking him to provide a certificate for the private prosecution of the legislator as ordered by the court in May this year.

Kereke is accused of raping a girl, believed to be 11 at the time.

The girl’s guardian, Francis Maramwidze, through Warara, sought Kereke’s private prosecution, claiming that the police had failed to act on the rape report since October 2009.

“Following this report, the police were expected to take the case a step further by effecting an arrest of the accused. That was not done. He was not even called to report to the police station,” Maramwidze said.

However, since the May court order, nothing has been done to ensure Kereke is brought to book, which prompted Warara to write the letters.

In one of the letters dated December 4, 2014,

Warara said, “We wish to put it on record that we know you are buying time and we are not prepared to have another waste of time like you did before we went to court last year.

“We shall proceed without further delay as earlier threatened to seek an order for contempt of court against you.”

Tomana responded to the letter the following day, claiming that his office was waiting to be availed with reasons for a more similar judgment involving the prosecutor general’s office and Telecel Zimbabwe (Private) Limited.

“It is our conviction that the much awaited legal reasons by the Constitutional Court in the above mentioned matter are crucial in the execution of this very important if not critical legal position,” Tomana said.

“Whilst you may argue that the Telecel case has nothing to do with the Munyaradzi Kereke matter, it is however, our conviction the argument raised in the Constitutional Court matter had basically the same legal argument with case in casu.”

Warara wrote again to Tomana on December 8, 2014, querying if the prosecutor general wanted to appeal against the ruling.

“Do you intend to appeal? Where?” he asked, adding that the Constitutional Court was the highest court in the land.

 

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