Freeman Mbowe and the Co-Accused Court Proceedings October 29,2021

Freeman Mbowe and co-accused court proceedings as they happen October 29, 2021
The Chanzo Reporter29 October 202124 min

The case involving CHADEMA Chairpeson Freeman Mbowe and his co-accused Halfan Bwire Hassan, Adam Hassan Kasekwa, Mohamed Abdilahi Lingwenya  has continued today October 29,2021. The third witness was on the stand and below are the proceedings:

In The High Court, Corruption and Economic Crime Division Economic Crime Case No.63 of 2020, Republic V Halfan Bwire Hassan, Adam Hassan Kasekwa, Mohamed Abdilahi Lingwenya and Freeman Aikael Mbowe.

Prosecution:  Panel led by Advocate Robert Kidando;Nassoro Katuga, Ignas Mwanuka, Esther Martin, Tulumanywa Majige, Jenitreza Kitali, Abdallah Chavula

Defense: Advocate Peter Kibatala,John Malya, Jonathan Mndeme, Nashon Nkungu, Dickson Matata, Allex Massaba, Seleman Matauka, Evaresta Kisanga, Maria Mushi

Witness: Name: No F5914 D Corporal Hafidh Abdallah Mohamed, Age:38 years, occupation: Police; religion: Muslim

State Counsel: Robert: We are ready to proceed

Defense Counsel: Kibatala: We are ready to proceed

State Counsel: Hafidhi Mohamed Abdalla; where do you work?

Witness: Police, I work here in Dar es Salaam, I’am Police since 2013. My work post is at the Forensic Bureau Dar es Salaam since 2013. Forensic Bureau is a lab for forensic investigations, I’am in the division of ballistics and explosives

State Counsel: That division deals with what?

Witness: Investigation of firearms and explosives

State Counsel: Since when are you there?

Witness: Since 2004

State Counsel: Can you explain what are your main duties?

Witness: To investigate firearms involved in crimes, bullet shells casing, fired bullet, bullet cartridges, to go at the bomb explosion scene and to prepare forensic and examination report regarding various investigated cases as well as to appear in Court for testimonies.

State Counsel: Tell the Court what is involved in doing forensic firearm investigation

Witness: There are two types, first physical examination, that we receive different arms and conduct forensics, to test if the firearm is functional , there we have early investigation: I receive the firearm, check it if its functional, is it cocking? does it have magazine? Is the fire pin functional?  Does it hit well [the hammer] and I do the cocking using special equipment.

State Counsel: Second type?

Witness: Its called comparison examination

State Counsel: What do you do?

Witness: I take the shell casing brought by the client so as to know if its related to a specific gun, I used special equipment Computer Microscope and Digital Camera Forensic Machine Leica 2004

State Counsel: What does bullet forensic involve?

Witness: It’s an investigation to examine if the primer was hit, if it was hit that means it is not functional that it has misfired

State Counsel: If it’s not ‘hit’ what does it mean?

Witness: That mean it is functional, we now look at the gunpowder [residue], in the gun there is gun- powder residue, so we check if it is there or not

State Counsel: What do you check in the bullet shell casings?

Witness: Pin impression on fired bullet, cartilage, grooves, special marks for comparison and we also look for twist meaning twist right and twist left and also the count

State Counsel: All of this what does it help you?

Witness: It help in identifying firearm involved in crime

State Counsel: In explosive what do you look?

Witness: We check if it’s a local explosive or industrial explosive

State Counsel: Tell the Court what qualifications do you have to carry out those tasks

Witness: I’m a ballistic and explosive expert [who has undergone] various courses, first course- on job training from the Police whom I found on duty and I did that for two years.

State Counsel: What were you learning in two years?

Witness: Examining firearms used in crimes, I learned to examine shell casing of various firearms and to prepare forensic expert report.

State Counsel: Apart from that, what other trainings did you have?

Witness: I did investigation course/Basic CID Course, I did that in 2004 in Zanzibar, I learnt about investigation, analyzing firearms, to take fingerprint, dusting and fingerprint lifting

State Counsel: About firearms what did you learn?

Witness: Assembling and disassembling firearm, evidence collection at the crime scene and also got basic training

State Counsel: Is there any other course?

Witness: In 2006 I did on job training in Moshi Police, different techniques in fire arms evidence

State Counsel: Another course?

Witness:  Ballistic tools, Firearms tools and ballistic material testing at the Dar es Salaam Police College in 2007

State Counsel: Another course?

Witness: To determine and examination of firearms in 2010 at the Gaborone international in Botswana

State Counsel: Another course

Witness: In 2015, I did Forensic in General in Lebanon. I learnt everything related to forensic, ballistic woundage and determining shooter position

State Counsel: Tell the Court after all those training when exactly did you start doing forensic officially

Witness: In 2010

State Counsel: Tell the Court firearms or explosive you usually examining where do they come from?

Witness: From Police stations and other institutions like TANAPA

State Counsel: What is the procedure for receiving?

Witness: The Client must have a letter showing the crime and what they want to be done and they should also come with the specific items

State Counsel: Who receive the letter and items?

Witness: Officer on duty, we are usually the two of us

State Counsel: What should the Officer on duty do before receiving?

Witness: I first check the received item for the purpose of confirming if what was written in the letter is what was brought, if its right I proceed to check safety of a particular firearm

State Counsel: After confirming the content, tell the Court what are you supposed to do?

Witness: It is registered for the purpose of putting it in our lab that is writing exhibit number, year that the firearm will be labeled.

State Counsel: After registration where do you take the exhibits?

Witness: Taken to storage

State Counsel: What about the letter?

Witness: It’s taken to the Officer in Charge

State Counsel: For What purpose?

Witness: To know what has entered and also to assign the case to someone for investigation

State Counsel: Tell the Court where were you on November 25, 2020

Witness:  I was at my office Bureau Forensic Dar es Salaam, receiving items from different people. That day I received items from the DCI office, Pistol with number A5340 Caliber with black magazine and three bullets.

State Counsel: Were the items accompanied with anything else?

Witness: They were brought by PC Goodluck from DCI he handled items with the letter

State Counsel: Tell the Court what did you do after receiving the items?

Witness: I labeled Pistol as exhibit K1 and registered by FB/Ball/158/2020 and the three bullets I labeled them as K2, K3 and K4, I gave the bullets same registration as the Pistol, 158.

State Counsel: After labeling and registration what did you do?

Witness: I revisited the letter to re-confirm what they want to be done, I noted they wanted to do a functional test on the pistol and bullets

State Counsel: Regarding the exhibit what did you do?

Witness: After receiving I noted on the file for the supervisor and took the items to a special storage room, safe room

State Counsel: Who was assigned to conduct the forensics?

Witness:  I was assigned

State Counsel: When?

Witness: November 25,2020

State Counsel: When was the forensic done?

Witness: I did preliminary investigation on the 25th

State Counsel:  What did you do in your investigation?

Witness: First I measured the gun using Gun Barrel Gauge, I was measuring caliber of that gun to confirm if it was 9mm, and I confirmed it was true. After that I took out the magazine to confirm if it’s the magazine for that gun and confirmed it was. Inside the magazine I checked if the springs were fine, and they were fine and I check the pistol hammer if it was strong, it was strong and hitting. I went to the trigger and test the trigger pull and realized its reaching to 100 so I concluded it was working. I cocked the gun to confirm if it was moving well in its rail, so it was fine. I checked the barrel in swahili mdeki and it didn’t have any sand or dust meaning the gun was clean. And the firing pin was okay too.

State Counsel: After that?

Witness: I did visual examination

State Counsel: Witness in the three bullet what did you check?

Witness: I checked the cartridge base to confirm if the bullets were functional and I confirmed they were functional

State Counsel: So I proceeded with the second stage, advanced investigation. I took the two bullet received and went to a special room for firing, I went with a Pistol and three bullet. I took an equipment known as Bullet Recovery Water Tank. The tank is full of water and it has mesh and we closed it and fire a gun inside so as to get the bullet shell casing and bullet head [fired bullet].

State Counsel: What were you going to do at the water tank?

Witness: I went there so as to fire two bullets to confirm if the gun was working

State Counsel: After getting there what did you do?

Witness:  I took two bullets and went to the tank and fired and collected bullet shell casing and fired bullet

State Counsel: Which marked bullet did you fire?

Witness: K2 and K4

State Counsel: What did you do regarding the bullet shell casing and bullet?

Witness: I went on and labeling them T1 for K2 and T2 for K4

State Counsel: Witness what happened next after labeling?

Witness: I went on to prepare my ballistic examination report, I signed it and stamped it; Office of Forensic Bureau Dar es Salaam

State Counsel: Regarding the gun itself and the fired bullet and the one not fired, what did you do next?

Witness: I sealed them and signed and wrote a date on it. I took them to the storage room/armory room. I put the report in the envelop and filed it.

State Counsel: When was the exhibit collected?

Witness: November 27, 2020

State Counsel: Who took them?

Witness: I did handle over the items to [Inspector] Swila from the DCI office. I gave him the forensic report, one pistol, exhibit K1 with serial no A5240 Calliber 9 mm with model CZ 100 black color with its magazine. I handled over one remaining bullet labeled K3 and two shell casing with its bullet labeled T1 and T2

State Counsel: Tell the Court since you handled them over did you have a chance to meet Swila?

Witness: We communicated yesterday so that he can give me the items to bring to Court today

State Counsel: Tell the Court, if you were to see your forensic report now, how can you recognize it?

Witness: Office logo, Police logo, my force number F5914, Corporal Afidhi Abdalla Mohammed, my signature and office stamp

State Counsel: Honorable Judge with your permission may I request the witness to identify exhibits

State Counsel:  Witness, look at the items that am giving you and tell the Court what are the they?

Witness: It’s my forensic report on bullet and gun

State Counsel: What are identifying mark?

Witness: Police logo, my force number, signature, name, office stamp; therefore, this is my report and I request the Court to admit it as evidence, ballistic examination report.

Defense Counsel: Nashon on behalf of the first accused I have no objection, John Malya on behalf of the second accused I have no objection, Dickson Matata on behalf of the third accused I have no objection, Peter Kibatala on behalf of the forth accused I have no objection.

Judge: I receive this report as Exihibit no.2 and I ask the witness to help reading the report here at the Court

Witness reads the report and confirmed it

State Counsel: I have few question, as per this report you did forensic for which firearm?

Witness: Pistol with serial number 5340

State Counsel: What did you found?

Witness: I found out that the pistol was working and confirmed it by putting bullet and firing

State Counsel: According to your report the bullets are of which gun?

Witness: Pistol A5340

State Counsel: How was the functioning test?

Witness: Bullets were okay with at least 9 mm

State Counsel: What was the relation between the firearm and bullet?

Witness: the bullets are for that firearm

State Counsel: You said you have attached exhibit K1, K2, K3 and K4 clarify to the Court?

Witness: K2 and K2 were the one which I fired, in the report there were some typing error so the attachment is K1 and K3, shell casing and the investigation report.

State Counsel: You said you had sealed the items how would you recognize them if I show you?

Witness: I recognize them by serial number A5340, forensic labeling K1, FB/Ball/Lab 158/2020 and shell casing and bullet which I labeled them T1 and T2

State Counsel: Honorable Judge, the Witness has shown capacity to identify the exhibit may I request he continue with the identification of the exhibit, let start with this big sack. Witness what is this?

Witness: It’s a sack for putting exhibit, I did put the gun and shell casing, and signed it and wrote 26.11.2020. In this sack there is a gun with serial number A5340

State Counsel: Start with the first bag

Witness: This sack has bullets and I signed on 26.11.2020, bullet labeled K3

State Counsel: Second sack?

Witness: I recognize it, I had put the shell casing and it’s two bullets. I ask the Court to receive exhibits; a gun with serial no. A5340 caliber 9 millimeters with back magazine model CZ 100.

State Counsel: Other sack?

Witness: I request the Court to receive 9 millimeters bullet marked K3 and the last sack I ask the Court to receive two shell casing that I have labeled them T1 and T2 and fired bullets.

Defense Counsel: All Counsel say they have no objection

Judge: I think you remember that exhibit should not be admitted collectively so I will mark them separately?

Defense Counsel: Kibatala: Correct

Judge: The Court admit the said exhibits as exhibits here at the Court

State Counsel: Honorable Judge, we asked the witness to open the sack and tell us what type of fire arm is that?

Witness: Pistol A5340, Luger, with magazine that can carry 8 bullets, box magazine, when I tested its spring I concluded its functioning and can push bullets and barrel was 9 millimeters, I measured trigger pull, if it was malfunctioned it could be able to reach 100 so I concluded it was fine and the barrel was clean, Luger serial number there in two sides, on the frame and side. This is bullet I looked at the primer and the primer was fine.

State Counsel: Last exhibit, witness

Witness: These are the shell casing, 10millimiters +50 for pistol A5340

State Counsel: What is the summary of your findings?

Witness: The gun is functioning

State Counsel: Honorable Judge, That’s all

Break

Defense Counsel Enters for Cross-Examination

 Defense Counsel: Jeremia Mtobesya continues

Defense Counsel: Witness do you know something called exhibit label?

Witness: Yes, I know

Defense Counsel: Will I be correct if I say it’s the Police Form No 105?

Witness: Not correct

Defense Counsel: Do you know Police Form No.105?

Witness: No I don’t know it

Defense Counsel: Do you know it’s required by laws regarding exhibit that Police must put record why he is taking certain exhibit?

Witness: Not Correct

Defense Counsel: Will I be correct if I say on the barrel of a gun there are grooves where the bullet emits?

Witness: you are confusing things, the grooves is on a bullet and not gun

Defense Counsel:  So what are the grooves?

Witness: Scratches on the bullet

Defense Counsel: When the bullet is inserted does it have grooves or not?

Witness: No, Grooves comes after bullet is emitted

Defense Counsel: Will I be correct to say every gun leave unique grooves on bullet?

Witness: Correct

Defense Counsel: Why is it necessary to fire a gun to know certain bullet comes from certain gun?

Witness: To compare

Defense Counsel: So after firing it help you to compare bullet and gun?

Witness: Correct

Defense Counsel: Were you able to show us here at the Court the bullet grooves?

Witness: I showed the Judge

 

Defense Counsel: Tell the Court what is the difference between 9 millimeter and 9 millimeter Luger?

Witness: 9mm is the type of a gun or bullet and Luger is the name of the bullet

Defense Counsel: Tell the Judge what does CZ mean?

Witness: Czech Republic

Defense Counsel: What type of firearm did Goodluck said he gave you?

Witness: He didn’t say, that is office we use documents

Defense Counsel: What did he gave you?

Witness: Pistol Serial No A5340 Caliber 9mm with magazine, Model CZ100 black in color with guns

Defense Counsel: Is there anywhere were you recorded the handle over?

Witness: Yes on PF113

Defense Counsel: After you have finished who did you give?

Witness: Swila

Defense Counsel: Was there documentation?

Witness: I used documents to give him

Defense Counsel: Did you wrote the model number in your communication?

Witness: Yes

Defense Counsel: When you were checking them if their functioning, did you look for fingerprint?

Witness:  No, I did not.

Defense Counsel: Honorable Judge on the side of the first accused we end here.

Defense Counsel: John Malya: Witness, your lab is full of modern equipment?

Witness: Correct

Defense Counsel: Can it do firearm forensic to the fullest?

Witness: Correct

Defense Counsel: Honorable Judge, I request to be given, Exhibit P2, Forensic Report, witness to read paragraph one

Witness: I no. F5914 AFADHI ABDALLAH MOHAMED States that i have been ….

Defense Counsel: The Letter you had received; you were sent to investigate what?

Witness: Gun and bullet if their functioning

 

Defense Counsel: Where you are saying ‘I have been engaged’ what do you mean?

Witness: It meant I did forensic investigation

Defense Counsel: Where you provided bullet and shell casing?

Witness: No, after firing that is when I got bullet and shell casing

Defense Counsel: Please read where you say tools, what tools?

Witness: I was given a gun and bullet not tools

Defense Counsel: So what are the tools for this case?

Witness: Bullet and gun

Defense Counsel: Does the report mention about you work experience? You said you started in 2003 so why do you get 10 years’ experience while its about 18 years?

Witness: Experience is ten years, other part was training

Defense Counsel: When you hear terrorist [mentioned in English], what does it mean?

Witness: Terrorism [replied in Swahili]

Defense Counsel: And terrorism? [mentioned in English]

Witness: Issues related to tourism

People laughs

 Defense Counsel: Read for the Judge the word Conspiracy

Witness: Consiparancy

Defense Counsel: Read for him the spelling of terrorist

Witness: Tellolist

Defense Counsel: The item brought do you know where they were from?

Witness: I don’t know

Defense Counsel: You didn’t know there were brought from terrorism related issues?

Witness: No, I didn’t know

Defense Counsel: The title regarding terrorism where did you get it?

Witness: From the letter

Defense Counsel: You had received a letter and gun, did you know what crime were related to those [bullets] and gun?

Witness: Yes, I did know already

Defense Counsel: Have you ever done a forensic investigation regarding bullets related to gun before that?

Witness: Yes, I did, may you ask questions related to guns, bullets and shell casing and not terrorism

Defense Counsel: You didn’t mention anywhere while you were conducting you investigation if you had worn gloves?

Witness: I did not mention it here but I did wear

Defense Counsel: You didn’t say if the people who brought the exhibit had gloves on?

Witness: I mentioned it here in Court

Defense Counsel: You are expert of ballistic and explosives? Unregistered guns is it a sign of being used in crimes?

Witness: It depends

Defense Counsel: Is it possible to have a non-functional bullet?

Witness: If it has misfire it’s not functional

Defense Counsel: So when you fired some, what was your intention?

Witness: To test if they are functioning

Defense Counsel: Do you have equipment for fingerprint testing?

Witness; They are on the other side

Defense Counsel: You didn’t bother to take them to the fingerprint section?

Witness: The letter did not say so, I follow what the letter has directed

Defense Counsel: When you are told to identify firearm what does it mean?

Witness: We examine the firearm in general; firing pin, harmer, barrel, type of the firearm, serial number and model number

Defense Counsel: In your report, page no 2, you wrote examination report, tell the Judge if you showed that they function

Witness: I did not

Defense Counsel: That’s all from my end Honorable Judge

Defense Counsel: Dickson Matata:  On behalf of the third accused we will not do cross examination

Defense Counsel: Peter Kibatala: May I request Exihibit 3, 4 and 5, may I ask for few minutes Honorable Judge

 

Judge agrees

Defense Counsel: You said that these bullets are related to Luger gun?

Witness: Yes

Defense Counsel: While you were giving your testimony as exhibit number 4 that there is no words Luger

Witness: I did not do that

Defense Counsel: I move to the exhibit number 5, I show you another bullet did you clarify on the number 75?

Witness: No, I did not

Defense Counsel: Are the words Luger there?

Witness: The word is in the gun not on bullet

Defense Counsel: Take the exhibit, is the word Luger there?

Witness: These are shells; the word is not there.

Defense Counsel: The word Luger is here, don’t you see it, should I give the Judge to read? Is the word there or not?

Witness: It’s true the words are there

Defense Counsel: Do you want the Court to believe that you are a lying witness?

Witness: The Court should believe I’m a credible witness

Defense Counsel: This difference of word Luger being there and number 75 you did not clarify it in your statement

Witness: It’s true it’s not there, I did not clarify

Defense Counsel: How many years of experience do you have?

Witness: 11

Defense Counsel: So without that letter, your report P2 will not be here?

Witness: True

Defense Counsel: You said you were the first person to receive the letter?

Witness: Yes

Defense Counsel: Did you provide the letter as exhibit here at Court

Witness: I did not provide

 

Defense Counsel: Were you able to recognize the letter here at Court

Witness: It’s not here, it is at the office

Defense Counsel: It’s through the letter that is where you got the charges, the letter that is not present here at the Court

Witness: Yes, but the letter it’s not here

Defense Counsel: You said you had registered the exhibits; did you present the register as exihibit here at the Court?

Witness: No I did not provide

Defense Counsel:  Were you shown the register to identify it here at the Court?

Witness: No, it’s in the office

Defense Counsel: Did you provide any explanation regarding the letter here at the Court?

Witness: No I did not

Defense Counsel: Did you provide any explanation regarding the register here at the Court?

Witness: No, I  did not

Defense Counsel: Did you clarify to the Judge that there is an in charge of the armory and the storage room, did you mention them here?

Witness: No, I did not mention

Defense Counsel: Did you provide explanation regarding armory register?

Witness: It’s in the office, I did not show it here

Defense Counsel: Honorable Judge I request the handover certificate which we were given defense side. As their looking for it allow me to continue, Honorable Judge.

State Counsel: We are not ready; he should follow procedure by giving us notice as per Section 68 of the Evidence Act cap 6 RE 2019

Defense Counsel: Let me continue with other parts, may the Court give me Exihibit P2, witness you said you it was Detective Goodluck from the DCI that gave you the exhibit ?

Witness: Yes

Defense Counsel: You didn’t say Goodluck comes from Arusha?

Witness: I did not say

Defense Counsel: You are saying under oath that Goodluck was from DCI rather than saying he was from Arusha?

Witness: Yes

Defense Counsel: So in your report there is no Luger gun?

Witness: It’s not there

Defense Counsel: This model CZ100 it was not in the letter from the DCI?

Witness: It was there but the letter is not here.

Defense Counsel: Witness through exhibit P2 check if those additional word 75 are in your report?

Witness: They are not in the report

Defense Counsel:  You have ten years’ experience; do you know you can’t add anything on expert report like this?

Witness: Yes I know

Defense Counsel: What is the long form of DCI?

Witness: Director of Criminal Investigation

Defense Counsel: In your knowledge do you know Goodluck is in the office?

Witness: Yes I know

Defense Counsel: Please read exhibit P2, where does the report say it comes from?

Witness: Criminal Investigation Department

Defense Counsel: You were given three live bullets are this items in Court?

Witness: They are not, I have already fired them

Defense Counsel: What you brought is two shell casing and one bullet is that correct? Which we have learn here they do not match?

Witness: Yes

Defense Counsel: Tell the Judge if there anywhere were you had received permission form your supervisor to use exhibits for testing

Witness: No I did not receive

Defense Counsel:  Now I show you exhibit P2 tell the Judge if you had described it anywhere that its black when you were receiving it

Witness: When I was receiving it, I did not put color, but in the visual the color was mentioned

Defense Counsel: In your report you wrote black, tell the Judge if in your exhibit P2 and your forensic explanation you have mentioned color?

Witness: There is difference in my report, there is color, black and not exhibit P2

Defense Counsel: In your testimony did you tell the Judge anywhere that you are a gazetted officer?

Witness: No I did not say

Defense Counsel: Have you told the Judge that the identification number in exhibit 3 is unique?

Witness: No I did not say

Defense Counsel: What did it say on the year the gun was manufactured?

Witness: 1995

Defense Counsel: You had said that the gun carries 8 bullet and you were given 3 bullet, tell the Judge if you had mentioned the other bullets were fired short awhile

Witness: I did not spoke about that

Defense Counsel: In your testimony today did you tell the Judge if procedure is to take the bullet and fire them in a water tank?

Witness: I told him

Defense Counsel: In your testimony did you tell the Judge if there is relation between what you brought and somebody called Adamoo

Witness; No I did not say

Defense Counsel: Were the name Adamoo there?

Witness: No they were not there

Defense Counsel:  In your hand over documents were the name Adamoo there?

Witness: No

Defense Counsel: In your handover of the document that 9mm those were there or not?

Witness: there were not

Defense Counsel: Honorable Judge I would like to revisit the exhibit that we had postponed may I request the prosecution to bring the document?

Judge: We are going to break for a short while, Counsel from both sides let meet at the office

Judge: Advocate Peter had requested to address the Court. Lets proceed

Defense Counsel: Do you remember items from your hand over documents

Witness: I remember

Defense Counsel: You said DC Goodluck in handover note said he was from CID office in Aursha?

Witness: I said DCI

Defense Counsel: What is the truth?

Witness: He was from the CID-Arusha

Defense Counsel: Do you agree or disagree that this document has a specific section to write particular of the accused?

Witness: There is no such section, it can be in the handover certificate

Defense Counsel: In the handover certificate is there a place were you signed or you did not?

Witness: Yes, I put my force no and name

Defense Counsel: You said you had enough expertise on guns in Tanzania

Witness: Yes

Defense Counsel:  Is there any place you told the Judge beween DCI and CID-Arusha?

Witness: No I did not

State Counsel: Re examination

State Counsel: You were asked question regarding your report and it was noted there were words written tools and shell casing

Witness: I was stating my experience regarding identification of guns, bullets, shells, fired bullets and other tools and have done this for 10 years

State Counsel: The did not bring tools to you?

Witness: No they had brought bullet and gun, not tools

State Counsel: You mentioned something about tourism what did you mean?

Witness: I heard a word tourism but terrorist is terrorism

State Counsel: What are you telling the Court?

Witness: Pistols, shell casing and bullet

State Counsel: You were asked that in your report there is no word Luger, clarify to the Court

Witness: Gun is serial number

State Counsel: Why is Luger not in your report?

Objection from Defense Counsel Kibatala: Judge the question bring in new facts

State Counsel: What did you mean when you said you did not get permission from your supervisor to check the bullet?

Witness: I followed the letter instructions

Judge: Is that what you intended?

State Counsel: No, I request to drop the question

State Counsel: You were asked why you did not put gun caliber number in your letter?

Witness: In letter they only know pistol name they are not conversant with caliber number

State Counsel: You were asked why you did not investigate other guns you used the same?

Witness: Its because that is what they wanted in their letter, they wanted to know if the bullet function

State Counsel: In the two shell one had the word Luger other did not have?

Witness: They did not ask me to clarify that in their letter, they wanted me to do forensic investigation for the bullets

State Counsel: You were asked why you did not identify the gun as Luger?

Witness; Gun are identified by serial number

State Counsel: You were asked and you said in your testimony there is no name Adamoo, why?

Wintness: I don’t know him but also the exhibit did not come with the accused name

State Counsel: You were asked about DC Goodluck if he is from DCI or CID Arusha, and you said from DCI, why?

Kibatala object the question attracts new fact

State Counsel: I withdraw

State Counsel: You were asked if gun with specification CZ100 is the standard issue for JWTZ and you said you don’t know, what did you mean?

Witness: I don’t know about that

State Counsel: You were asked by Advocate Mallya if the pistol was malfunction and if it was made to work again and you said you didn’t know?

Witness: I was not told to check that

State Counsel: You were asked about grooves which are on bullet if they match, please clarify?

Witness: Grooves are scratches when the bullet get out so they are similar

State Counsel: That’s all.

Judge: Witness, We thank you for your testimony

State Counsel:  After that testimony we request postponement to Monday November 1, 2021 to continue with the next witness

Defense: No objection

Judge: I postpone the case to Monday November 1, 2020

The Chanzo Reporter

Leave a Reply

Your email address will not be published. Required fields are marked *

The Chanzo Black@300x

The Chanzo Initiative exists at the interface between advocacy and journalism. It is founded to uplift the voices of the underreported, vulnerable, and marginalized communities in Tanzania with the goal to make Tanzania the best place to live for everyone regardless of class, creed, sexual orientation and nationality.

Subscribe to Our Newsletter

The Chanzo Initiative, 2021 © All Rights Reserved