Harare magistrate, Vakai Chikwekwe, on Monday dismissed prosecutor general Johannes Tomana’s application to be removed from remand ruling that he has a case to answer.
Chikwekwe said Tomana should remain on remand as there are reasonable grounds to believe that he has a case to answer.
Tomana is facing criminal abuse of office charges, or alternatively defeating the course of justice after he authorized the release of Solomon Makumbe and Silas Pfupa, who are accused of plotting to bomb President Robert Mugabe’s family business concern, Alpha and Omega Dairy.
Tomana had filed papers claiming his arrest was unconstitutional, but Chikwekwe said he released the accused without even reading their dockets.
Chikwekwe also said members of the police acted within the law as only the president is immune from prosecution. The prosecutor general had also argued that his juniors cannot prosecute him but the magistrate said they had the right qualifications to do the job at hand.
Tomana’s lawyer, Thabani Mpofu, was cagey about the way forward, noting that they will inform the press about the steps they are likely to take.