Application dismissed

Tomana’s decision to decline prosecuting company chairperson Dr Jane Mutasa on fraud charges.

Dr Mutasa was arrested in 2009 with two other managers on allegations of swindling Telecel of more than US$1,7 million.
The alleged fraud involved an airtime and starter packs deal that led to the company losing money.

Mr Tomana then declined to prosecute the suspects for lack of incriminating evidence, a development which did not go down well with Telecel.
Through its lawyers Scanlen and Holderness, Telecel applied for autho-rity to institute private prosecution. Mr Tomana again declined the request. Telecel then approached the High Court seeking review of Mr

Tomana’s decision arguing the law compelled him to issue a certificate for private prosecution whenever it is requested. But Justice Ben Hlatshwayo dismissed the review application saying a private company cannot institute private prosecution.