PROSECUTOR-General Johannes Tomana’s bid to be placed off remand will be decided today when Harare provincial magistrate Vakai Chikwekwe makes a ruling on the matter.
by PAIDAMOYO MUZULU
Tomana, charged with criminal abuse of office as a public officer by withdrawing charges against two soldiers from the military intelligence unit accused of attempting to bomb President Robert Mugabe’s Gushungo Dairy processing plant last month, has challenged his placement on remand.
Through his lawyer, Advocate Thabani Mpofu, Tomana last week said the police had no powers to arrest him neither did the prosecutors have the authority to prosecute him as the head of National Prosecuting Authority.
The State, however, scoffed at his arguments, saying no citizen was immune to prosecution.
Meanwhile, Harare regional magistrate Fadzai Mthombeni will today also deliver a ruling on the application by military intelligence officer Borman Ngwenya, challenging the splitting of his charges emanating from the foiled Gushungo Dairy bombing.
Ngwenya’s lawyer Musindo Hungwe filed the application last Friday in a matter where he is charged with possession of weapons of banditry, insurgency or terrorism and also money-laundering.
Hungwe also asked the State to provide proof of ownership of Alpha and Omega Dairy, saying if it was proven that it was owned by Mugabe, then the charges of banditry would not stand, as they only applied to crimes committed against the State and not individuals.