News:National Prosecuting Authority Insists Tomana Should Explain His Decision Not To Prosecute Kereke In Rape Case
The National Prosecuting Authority has insisted that suspended Prosecutor-General Johannes Tomana be called to court to personally respond to the application for legal costs incurred in the private prosecution of former Bikita West legislator Munyaradzi Kereke.
In a letter addressed to the court, Acting Prosecutor-General Advocate Ray Goba said,
In order that the court may properly determine the question of costs, I respectfully submit that it is fair and reasonable that the then Attorney-General whose decision is impugned be afforded an opportunity to be heard in person. I further submit that an informed appraisal of the circumstances of that decision is only possible after giving him audience.
He likened private prosecution to private litigation saying that in civil matters, the losing party bears costs,
In any event, in the penultimate analysis and considering that a private prosecution is in the nature of ‘private litigation’, it stands to reason that like in civil matters, the burden of costs ought to fall on the unsuccessful party.
Goba further said that there has to be exceptional and compelling reasons for the State to be burdened by the costs other than the allegation that Tomana’s decision turned out to be wrong,
If such were to be visited on the State then as the matter is one of statutory discretion, then such must be exercised judiciously and on exceptional grounds other than merely that the decision of the public prosecutor/AG turned out to have been wrong.
Charles Warara made the application for legal costs three weeks ago, in terms of Section 22 of the Criminal Procedure and Evidence Act. In his application, he wants the court to consider the legal costs either against the Prosecutor General’s Office or Kereke.
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