Judge raps acting Prosecutor General

By Daniel Nemukuyu

High Court judge Justice Herbert Chitapi has blasted Acting Prosecutor General Advocate Ray Goba for exhibiting a hostile attitude to court business and fuelling an unnecessary stand-off between his office and the Judiciary.

Adv Goba, who felt Justice Chitapi was not the best judge to preside over suspended PG Johannes Tomana’s criminal trial, wrote to Judge President George Chiweshe asking the trial judge to recuse himself.

Under normal circumstances, the PG was supposed to inform the defence counsel first before the parties approached the judge in his chambers with the request.

Adv Goba’s letter was read in court on Tuesday and Justice Chitapi directed State counsel, Mr Jonathan Chingwinyiso, to advise him to present himself in court to explain the contents of the letter.

Adv Goba did not turn up, but instead sent Mr Chingwinyiso to advise the court to make use of his affidavit filed with the court for all the answers it required.

The court was advised to subpoena him if it was not satisfied with the contents of the affidavit.

That did not go well with Justice Chitapi who felt the Adv Goba’s attitude was uncalled for.

“Why is the chief prosecutor taking an attitude of an unnecessary stand-off between the court and his office?” he said.

“He is an officer of the court. He brought this matter to court. The same court asks him to present himself as an officer of the court, he refuses saying the court should satisfy itself with his papers. I am surprised why this court is being held with legal impunity by its own officer.”

Justice Chitapi said Adv Goba was unreasonably trying to fight the court.

He had to laugh in court upon realising that he had been cited as a respondent in an application for recusal that he was expected to determine.

Justice Chitapi was turned into both litigant and a judge in the application prepared by Adv Goba’s office.

Mr Chingwinyiso indicated that the application came from Adv Goba’s office.

In his application, the State questioned why the judges referred Tomana as PG when he was in the dock.

The NPA also sought the judge’s recusal on the basis that he once sat on the NPA board that was chaired by Tomana.

Adv Thabani Mpofu, who represented Tomana, described the NPA’s attitude as ‘deeply unreasonable’.

Justice Chitapi said he required time to write the judgment before adjourning.

Tomana stands accused of six counts of criminal abuse of office and is on suspension pending finalisation of his disciplinary proceedings. The Herald