The High Court in Harare dismissed criminal charges against former Prosecutor General Johannes Tomana who had approached the court seeking an order dismissing all charges levelled against him after the State failed to prosecute him within the prescribed indictment period as laid out under Section 160(2) of the Criminal Procedure and Evidence Act (Chapter 9:07).
Justice Amy Tsanga declared the charges to have lapsed and said that Tomana should be given back the bail he deposited with the court. Said Justice Tsanga:
The criminal charges brought against Johannes Tomana in CRB 197/16, being six counts of criminal abuse of duty as a public officer as defined in Section 174(1) (a) of the Criminal Law (Codification and Reform Act) (Chapter 9:23), alternatively defeating or obstructing the course of justice as defined in Section 184(1) (b) of the Criminal Law (Codification and Reform Act) (Chapter 9:23) be and are hereby dismissed. Applicant shall be entitled to his unconditional liberty and to the release to him of his bail recognisance that is held by the State.
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