News / National
Telecel withdraws charges against Jane Mutasa
01 Nov 2015 at 08:55hrs | Views
A single-sentence letter could be the opening embattled Prosecutor-General Mr Johannes Tomana has been praying for.
Mobile phone service provider Telecel Zimbabwe has written to him withdrawing its criminal case against former chairperson Mrs Jane Mutasa.
Last week, the Constitutional Court sentenced Mr Tomana to 30 days imprisonment after he failed to issue private prosecution certificates in Mrs Mutasa's case and in another involving Bikita West legislator Dr Munyaradzi Kereke, who allegedly raped a 10-year-old girl at gunpoint in 2010.
The Prosecutor-General had declined to prosecute the two matters, insisting his office had the prerogative to determine who the State pursued cases against.
Complainants in the matters insisted Mr Tomana issue private prosecution certificates to take the criminal charges to court on their own.
The Constitutional Court told Mr Tomana he would be jailed if he did not issue the certificates within 10 days of the ruling.
Now, in a letter to Mr Tomana dated October 30, 2015, Telecel acting chief executive Mrs Angeline Vere says the company is no longer pursuing private prosecution.
"We write to kindly advise that Telecel Zimbabwe is no longer pursuing private prosecution in respect of Jane Mutasa and another as Telecel and Mrs Mutasa have amicably resolved their issues," says the note.
In 2010, Mrs Mutasa was arrested for allegedly swindling Telecel of US$1,7 million-plus in air time vouchers.
Mr Tomana declined to prosecute her, citing lack of evidence. That was his same position in the Dr Kereke case.
With Telecel giving him a way out, Mr Tomana is left that one headache.
Two weeks ago, the National Assembly adopted an amendment to the Criminal Procedure and Evidence Act that says the Prosecutor-General cannot be compelled to issue such certificates should s/he decline to charge an accused person.
Mobile phone service provider Telecel Zimbabwe has written to him withdrawing its criminal case against former chairperson Mrs Jane Mutasa.
Last week, the Constitutional Court sentenced Mr Tomana to 30 days imprisonment after he failed to issue private prosecution certificates in Mrs Mutasa's case and in another involving Bikita West legislator Dr Munyaradzi Kereke, who allegedly raped a 10-year-old girl at gunpoint in 2010.
The Prosecutor-General had declined to prosecute the two matters, insisting his office had the prerogative to determine who the State pursued cases against.
Complainants in the matters insisted Mr Tomana issue private prosecution certificates to take the criminal charges to court on their own.
The Constitutional Court told Mr Tomana he would be jailed if he did not issue the certificates within 10 days of the ruling.
Now, in a letter to Mr Tomana dated October 30, 2015, Telecel acting chief executive Mrs Angeline Vere says the company is no longer pursuing private prosecution.
"We write to kindly advise that Telecel Zimbabwe is no longer pursuing private prosecution in respect of Jane Mutasa and another as Telecel and Mrs Mutasa have amicably resolved their issues," says the note.
In 2010, Mrs Mutasa was arrested for allegedly swindling Telecel of US$1,7 million-plus in air time vouchers.
Mr Tomana declined to prosecute her, citing lack of evidence. That was his same position in the Dr Kereke case.
With Telecel giving him a way out, Mr Tomana is left that one headache.
Two weeks ago, the National Assembly adopted an amendment to the Criminal Procedure and Evidence Act that says the Prosecutor-General cannot be compelled to issue such certificates should s/he decline to charge an accused person.
Source - Sunday Mail
