Published: 2016 September 05 06:35:47 (4852 Views)

SUSPENDED Prosecutor-General (PG) 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 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, 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 Tomana's suitability to remain as the PG. 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. 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 prosecutorial functions.

The charges arose at the time he was AG and he has since challenged the validity of the process underway. The matter is still pending at the apex court.





- Chronicle

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