<vote /> Suspended Prosecutor General Johannes Tomana failed to attend court yesterday to respond to an application to pay the legal costs incurred in the private prosecution of former Bikita West legislator Munyaradzi Kereke despite being expected to give his side of the story.
Harare regional magistrate Mr Noel Mupeiwa is on Friday expected to make a determination on who is supposed to pay the legal costs. The magistrate will decide who among the three, that is National Prosecuting Authority, suspended Prosecutor-General Johannes Tomana in his personal capacity or Kereke.
Private prosecutor Mr Charles Warara made the application for legal costs last month in terms of Section 22 (3) of the Criminal Procedure and Evidence Act which states that,
Where a person prosecuted at the instance of a private party is convicted, the court may order the convicted person to pay the costs and expenses of the private prosecution. If the private prosecution was instituted after a certificate by the Prosecutor-General that he declined to prosecute the court may order costs to be paid by the State.
Last week, Acting Prosecutor-General Advocate Ray Goba said Tomana, whose decision not to publicly prosecute Kereke is in question, should be given an opportunity to explain himself in court.
Through his lawyers, Kereke is refusing to pay legal costs saying he was neither the one who barred his prosecution nor the one who runs the PG’s office.
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