Tomana slapped with 5 new charges

HARARE - Suspended Prosecutor-General Johannes Tomana yesterday appeared before Harare magistrate Tendai Mahwe facing five fresh counts of criminal abuse of office.

He was freed on $2 000 bail, after surrendering his passport and providing a property worth $250 000 as surety to the court.

In addition, he will also report to the police twice a week as part of his stringent bail conditions.

Tomana was in February this year also freed on $1 000 bail after he was arrested on allegations of abusing his office, following the release of suspects that allegedly intended to bomb President Robert Mugabe’s business in Mazowe.

Two of the charges that he faced yesterday dated as far back as 2004, when Tomana was then a Zimbabwe United Passenger Company (Zupco) board member, before he was appointed the country’s attorney-general (AG) in 2008.

Tomana’s lawyer, Tazorora Musarurwa, took issue with the magistrate’s bail ruling, arguing that the court had made a mistake, and that he should have been allowed to make submissions on the amount of bail his client was supposed to pay.

However, Mahwe stuck to his guns, advising Musarurwa to feel free to file an appeal if he felt strongly that the ruling was wrong.

A disappointed Musarurwa said he would file a formal complaint against the magistrate’s conduct. Throughout this exchange, Tomana sat in the dock looking dejected, with his hand on his cheek.

The first count against Tomana emerged during the time when Bright Matonga was still Zupco’s chief executive officer.

The court heard that Matonga was charged with culpable homicide in 2004, arising from a traffic accident which resulted in the death of Chipo Chikowore — and when Tomana became attorney-general, he had allegedly devised a plan to illegally assist Matonga, after the former deputy Information minister was summoned for trial at the Chitungwiza Magistrates’ Courts.

Tomana reportedly ordered his subordinates to drop the criminal charge against Matonga without having had sight of the docket and knowledge of the circumstances surrounding the case.

According to court papers, Tomana also allegedly directed his subordinates to decline prosecution, resulting in Matonga not being prosecuted on culpable homicide charges.

On the second count, Tomana stands accused of acting in a manner contrary and inconsistent to his duties as a public officer by showing favour to Matonga, after he allegedly ordered his subordinates to drop corruption-related charges against Matonga in 2008, which resulted in the discontinuation of the case.

Tomana is further accused of protecting Charles Nherera, another former Zupco board member, who was also facing charges of contravening the Prevention of Corruption Act around the same time.

Although Nherera was later sentenced to three years in prison, Tomana testified in his trial — with the Supreme Court also later dismissing his application for review.

When Tomana became the AG, he allegedly directed the State to change its stance and admit that Nherera was innocent and that the conviction had been passed erroneously.

According to State papers, Tomana also facilitated the release of Beauty Basile, an acting medical superintendent who was based at Bindura General Hospital in 2009 who faced 219 counts of corruption.

Tomana allegedly ordered his subordinates to withdraw the charges against Basile, after she made several visits to his office.

On the fifth count, Tomana is accused of assisting the release of Patrick Mavros, an illegal gold dealer, who was found in possession of about 9 008 grammes of the precious metal.

Tomana allegedly ordered his subordinates to decline prosecuting Mavros, arguing that he had no case to answer despite the fact that the then AG had not seen the docket.

Comments (9)

kwasara kucharger the following: rwavhi Mugabe for murder, looting and abuse of office Joice Mujuru for looting Didi Mutasa for murder and looting Emma Mnangagwa for looting

josphat - 13 July 2016

Who cares even if he is sentenced rof a million years in prison.Handiti vaibatsirana kudzinyirira vamwe. Zvaiwanawo ngwarati nhasi. Vana Tomana vaifunga kuti Zimbabwe ndeyavo voga.

chimuti - 13 July 2016

You might need to swallow your pride and ask Beatrice Mtetwa, who you persecuted, for help on this one. She is very good.

XG - 13 July 2016

I think for now let us wait and see the outcome of the Tomana case. I sense that with the way he is being persecuted, he may actually turn out to be a saint eventually. Lets not continue bitting a man who is already down.

Sternford M - 13 July 2016

Tomana must tell us where he derived his authority from, then we proceed from there. Simples. Surely, this man was not all that powerful by himself. There were bigger powers behind him, and we need to get to the bottom of it, or is it to the top of the tree.

Martingee - 13 July 2016

Obadiah Msindo raped a girl maid and his case had overwhelming evidence and police detectives did a splendid job and even kept torn underwear as proof and brought it to court, but surprisingly he is still free. Daily news INVESTIGATE!!!

Destiny - 13 July 2016

This Tomana idiot tried to legalize rape.I mean I have never seen a palooka like him.Asked to prosecute the perpetrators of the 2008 rerun he instead turned against MDC supporter who were the victims.He said he was Zanu pf to the marrow.Well to quote the prophet Isaiah there is no rest for the wicked!Instead of prosecuting Joseph Mwale and Kitsiyatota he pursued Beatrice Mtetwa.ThisWarthog belongs in Jail!

Guranyanga - 13 July 2016

Tomana made the most foolish mistake of thinking that zanu pf was on his side and he on theirs, what he failed to realise is that zanu pf is a snake with two heads, today you are useful to them and tomorrow they use you as their scapegoat. my real problem is how did Tomana manage to make himself so powerful so as to disregard any word of reason as if he was a power unto himself? now that you have been used, off to the dustbin of history

IsheZimuto - 14 July 2016

so now now that Tomana is almost done signing his jail admission papers, it should be exciting when he meets Kereke in jail, the very same Kereke whom he tried to protect whilst here on the outside, so the two professional, intellectual criminals will have a chance to reflect and enjoy the fruits of their toils whilst deep inside the dark hole.

IsheZimuto - 14 July 2016

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