Freeman Mbowe and the Co-Accused Court Proceedings November 1,2021

Fourth prosecution witness on the stand
The Chanzo Reporter2 November 202124 min

The case involving CHADEMA Chairpeson Freeman Mbowe and his co-accused Halfan Bwire Hassan, Adam Hassan Kasekwa, Mohamed Abdilahi Lingwenya has continued on November 1,2021 with the fourth prosecution witness on the stand. This was the witness who had witnessed the arrest of Adam Hassan Kasekwa and Mohamed Abdilahi, in the previous stand both Adam and Mohamed claimed to have been abused during the arrests and that gun and drugs were planted on them and some of their cash was taken. 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.

Defence Counsel: Michael Mwangasa, Seleman Matauka, Nashon Nkungu, Michael Lugina, Maria Mushi, Hadija Aron, Alex Massaba, Peter Kibatala, Jeremia Mtobesya, Fredrick Kiwhelo, Jonathan Mdeme na Dickson Matata

The Leading Counsel: Peter Kibatala

Prosecution side: Leading counsel: Robert Kidando; Nassoro Katuga, Ignas Mwanuka, Esther Martin, Tulumanywa Majige, Jenitreza Kitali, Abdallah Chavula

State Counsel: Robert: We have one witness and we are ready to proceed Honorable Judge

Defense Counsel: Kibatala: We are ready to proceed Honorable Judge

Judge: This will be our fourth witness

Witness: Name: Anitha Valelian Mtalo, tribe: Chagga, businesswoman, Roman Catholic, sworn before the Court.

State Counsel Esther Martin cross-examining the witness

State Counsel: Where do you live? and for how long have you been living there?

Witness: I live in Moshi Rau Madukani, I have lived there for 8 years, I sell traditional brew-Mbege

State Counsel: What else do you do?

Witness: I have a saloon, stationery and place for selling movies

State Counsel: Where were you on 05.08.2020

Witness: I was at my business premise, cleaning, it was at 1pm. Before that I was at the saloon washing my hair.

Defense Counsel: When you came from the saloon to cleaning, what did you see?

Witness: There were two men walking around, talking on their phone and I also found three guys seating drinking beer and doing simcard registration

Defense Counsel: The two guys were they different from the one who were seating drinking beer?

Witness: They were the same

Defense Counsel: what happened next

Witness: After a while two guys came and told them loudly stay down you are under arrest for terrorism, hands up

State Counsel: Who were they?

Witness: They were the Police, they told them they were under arrest. I was cleaning at my place, which is like five steps from the place of incident. So they sat down and raised they are hands

State Counsel: How many Police?

Witness: Two

State Counsel: After that, how was the situation?

Witness: Calm

State Counsel: Three Police came, so they were 5 in total and one them said wanted to do an inspection to the accused, he introduced himself as Police Jumanne

Witness: How did you confirm it?

State Counsel: He showed his ID, before that he inspected himself and said you see I don’t have anything and we said Yes, I was with another lady called Esther

State Counsel: What was the distance between you and those under arrest?

Witness: it was like two steps

State Counsel: What happened next

Witness: Some people came by, the situation was calm and the accused was asked what is your name and responded Adam Kasekwa

State Counsel: What was he told?

Witness: He was told to raise his hand and turn, and Jumanne started to inspect him from the head up to the waist were something hard was found on his left side, it was a gun, I knew it was a gun because Jumanne said it was gun with no A5340

State Counsel: When he was showing this, where was Adam?

Witness:  He was standing, I saw those numbers and three bullet, after that he continued with the inspection on the right side, small items like 58 of them were found, and he said they look like drugs, we ‘will know for sure afterward’

State Counsel: After that

Witness: He continued with inspection and found mobile phone, Itel by make, he wrote the numbers and asked another Police for a form

State Counsel: How many forms was he given?

Witness:  He was given two forms and wrote items he had inspected the accused

State Counsel: What was written on the first form?

Witness: gun, bullet, phone and Vodacom and Airtel simcard

State Counsel: After finishing that what did he do?

Witness: He gave the form to Adam who did read it and the Police signed the form

State Counsel: After finishing the first form what happened

Witness: He took another form and filled about the 58 small items and gave it to Adam to reads, he signed it and asked me and Esther to also sign

State Counsel: After finishing what happened next?

Witness: Adam got down and they told the next accused to stand, he stood and said his name Mohamed Abdullah

State Counsel: What happened next?

Witness: He was told to stand and turnaround, and they inspected him from head, chest, waist; on the right side he was found with small items about 25 of them

State Counsel: After that?

Witness: He put them aside and continued to inspect him, he was found with a mobile phone TECNO by make, he opened the phone and took out simcards Halotel and Airtel

State Counsel: What did they do after that?

Witness: He gave the line to the other Police to hold and continued with the inspection, he did not find anything else

State Counsel: After inspection what happened next?

Witness: He ask another Police to give him second form on the first form he had filled thw 25 items

State Counsel: After that

Witness: He gave Mohamed to read and sign and asked me and Esther to also sign

State Counsel: What hapoened next?

Witness: They put on handcuffs on Adam and Mohamed and walked to the car and asked as to go with them to the station

State Counsel: How many Police were at the scene

Witness: five two had guns

State Counsel: How was environment like

Witness: Sunny

State Counsel: How long did it take to conduct inspection

Witness: 45 minutes

State Counsel: Which station did you go?

Witness: Central Moshi

State Counsel: After reaching the station what happened

Witness: We wrote the statement regarding the whole exercise of arrest and inspection

State Counsel: If you were to be shown the forms would you still remember them

Witness: Yes, under my name and signature it was written about gun and bullet with No A5340

State Counsel: Honorable Judge may I give the witness form for recognition, witness look at the form and identify it

Witness: It is the same recognize items written, my name and signature

State Counsel: Would you like the Court to admit this form for recognition?

Witness: Yes

State Counsel: Honorable Judge, the witness is requesting the dorm o be admitted for recognition

Defense Counsel: No objection

Witness: Court admit for recognition

State Counsel: Would you recognize the gun

Witness: Yes, by number A5340

State Counsel: And how would you recognize the bullets

Witness: They had gold color

State Counsel: Honorable Judge may I request for exhibit P3 for recognition

State Counsel: Witness, look at the items and tell the Court what is it?

Witness: It’s a gun I saw from Adam

State Counsel: How did you know this?

Witness: By number A5340

State Counsel: Witness, if you see Adam Kasekwa and Mohamed will you be able to recognize them here in Court?

Witness: They are in front, the one with Tshirt with white, green and black strips is Mohamed and Adam Kasekwa has a white Tshirt

State Counsel: That’s all, Honorable Judege

Defense Counsel: Jeremia Mtobesya: Honorable Judge may I request to have ID1, witness show the Judge where you had signed. How many documents did you sign? Is it the same signature?

Witness: I signed four documents with the same signature

Defense Counsel: Honorable Judge as per section 75 of the Evidence Act may I request witness to sign again to confirm her signature

Judge: Does that section requires the Court to ask witness to sign? Don’t you see we are going to create another document? I think you should use another document for comparison

I see you Advocate Dickson Matata as the officer of the Court assists the Court

Defense Counsel: Matata: According to section 75(2) of the Evidence Act, it provides for the Court to ask the witness to write for comparison

Defense Counsel: Malya: It won’t be that the Court is producing another evidence it’s a legal requirement Honorable Judge

State Counsel: We think the laid out premise and what is at the Court is too far, he wants to compare document but we haven’t started yet to discuss the document. He should wait whe we start to look at the document for him to do the comparison

Judge: Its true as per Section 75(2) the Court has the authority to direct the witness to write for signature comparison, I ask is that line correct Advocate Jeremia

Advocate Jeremiah: Section 47 of the Evidence Act lay the foundation, section 75 is where the Court can use its authority to confirm

Judge: What do you want there, Advocate?

The essence of the 246 of the Criminal Procedure Act, Cap 20, it wants us to have an original document for us to give the witness, so we ask to gove the witness that document

State Counsel: This is our evidence and there is no way we can give her this evidence using section 75. Honorable Judge we should observe our adversarial system and the document that he wants for comparison is yet to reach the Court and there is decision form the Court of Appeal on Butongwa John V. R Criminal Appeal No. 50, at the High Court of Shinyanga page eleven… (quoted the case). So we think this is unprocedural and we ask the Court to refuse

Defense Counsel: Jeremia: We are surprised you are wasting the Court time, Honorable Judge this is there are witness, the witness has said she is the one that has signed, I’m surprised why are they refusing. I’m ready to receive your instruction Honorable Judge

Defense Counsel: Nashon: Honorable Judge, together with section 30 EOCA-Economic Organised Crime Act, and Rule 9 of EOCA, we were supposed to be given the original but we were given the copy, we have the right to receive all the documents Honorable Judge

Judge: Jeremia argument is based on the right to receive all documents of the evidence and ask the Court to direct the prosecution to provide the original documents so that he can use for comparison. How do you see, I give you time to do submission here at the Court?

Defense Counsel: Jeremia: I request that we approach the bench so that we don’t give the Court task of writing the ruling

Judge: I give you 10-15 minute we will break

Judge: We took a break to put things in order, I welcome Advocate Mtobesya

Defense Counsel:  You said this was your statement, who [took] wrote the statement?

Witness: Police, I can’t recall his name

Defense Counsel:  Did you read the statement to make sure it was correct

Witness: Yes

Defense Counsel:  Honorable Judge, may I be given hand written statement and ask the Court to move to section 154 and 164(1)c) of the Evidence Act. Witness can you read and write

Witness: Yes

Defense Counsel: May you read to confirm and I would ask you to read. Is this the one?

Witness: Yes

Defense Counsel:  I ask you to read it loudly so everyone can hear

Reads

Defense Counsel:  Can you repeat after inspection…

Repeat

Defense Counsel: In your testimony you said two Police came and told them they are under arrest for terrorism acts, is that in your statement?

Witness: I was not asked that, it’s not there

Defense Counsel:  You said when they were coming you were doing some cleanliness but that is not in your statement

Witness: Yes, I said that but it is not in the statement

Defense Counsel:  You said when the Police came they had introduced themselves by showing their ID is that in your statement?

Witness: Yes, I said that but its not in my statement

Defense Counsel: In your statement you said you had known the witness after inspection, but today in Cour you said you had known them before, is it true?

Witness: I had known them before

Defense Counsel:  Read your statement from I witnessed…

Witness: Reads

Defense Counsel:  Through your statement did you know Adam Kasekwa and Mohamed lingwenya before or after

Witness: After the inspection

Defense Counsel:  Will I be correct if I say you had signed four documents after inspection?

Witness: Correct

Defense Counsel:  Read your statement from after inspection….

Reads

Defense Counsel:  Will I be correct to say according to that statement you had only signed one document?

Witness: According to that line you are correct

Defense Counsel: Read from after inspection, the two accused

Reads

Defense Counsel:  You had told the Court that the one who had signed there is Jumanne?

Witness: I didn’t say Jumanne, I said I don’t know

Defense Counsel:  Would you like the statement to be used as evidence today

Witness: Yes

State Counsel: we don’t have any objection

Judge: The Court admit exhibit No 2, there is no need to read again

Defense Counsel:  You said you had signed more than one documents, who had filled them?

Witness:  Jumanne

Defense Counsel:  He signed on all of them?

Witness: Yes

Defense Counsel:  Where did you sign

Witness: On top

Defense Counsel:  Tell the Judge if you had signed in the same position in all of them

Witness: Some I signed on the left side, some on the right side

Defense Counsel:  The one you signed on the right side where for whom?

Witness: There were for Adam Kasekwa and Mohamed I signed on the left side

Defense Counsel:  Did you sign before or after the name

Witness After the name

Defense Counsel: Is it your testimony today that you are the one who signed?

Witness: Yes

Defense Counsel:  Is it your testimony that your signature looks the same

Witness: In some cases, they might look different because of the situation

Defense Counsel:  Tell the Court what situation?

Witness: I stood in one and sat while doing the other one

Defense Counsel:  So you are telling the Court by seating or standing the signature will look different?

Witness: Yes

Defense Counsel:  So which one did you sign while standing and which one did you sign while seating

Witness: All of the four I signed while standing while the statement I was seating

Defense Counsel:  Tell the Judge if all of the form signed while standing, would they have identical signature?

Witness: Yes

Defense Counsel:  I end there, Honorable Judge

Defense Counsel:  Mallya: May I return exhibit ID1

Defense Counsel:  Do you still sell traditional brew Mbege?

Witness: Yes, I still do

Defense Counsel:  Do you have a relative or child in Police

Witness: No

Defense Counsel:  How did you know there were Police

Witness: I saw coat of arms and his name

Defense Counsel:  How was the name written

Witness: I can’t recall

Defense Counsel:  You said you were doing some cleanliness near the accused, what was the distance?

Witness: Ten steps

Defense Counsel:  Does your eyes see clearly in that distance

Witness: Yes, they see clearly

Defense Counsel:  You said here one of the accused is wearing a T-shirt with black stripes but its dark blue, do you want the Court to believe you can see clearly?

Witness: Sometimes my eyes have problems, I used glasses but I have forgotten my glasses

Defense Counsel:  Did you tell the Court if you had glasses on that day

Witness: No

Defense Counsel:  When you were asked to identify them, did you ask the Court about wearing glasses?

Witness: No I did not ask

Defense Counsel:  Is it correct that simcard registration uses ID

Witness: Yes

Defense Counsel:  Were there ID written in your statement

Witness: No

Defense Counsel:  At Rau do they drink for free?

Witness: No, they pay

Defense Counsel:  You said they were inspected, where were their money written

Witness: They did not have any

Defense Counsel:  How long did you take in cleaning

Witness: like ten minutes, when the incident happened I stopped

Defense Counsel:  How much time did the arrest exercise take? Before inspection?

Witness: Like three minutes

Defense Counsel: So you took ten minutes for cleanliness and the arrest was three minutes so it will be around 1:15pm by then?

Witness: Yes

Defense Counsel:  How long was the inspection exercise

Witness: About 45 minutes

Defense Counsel:  You said you were there at 1 and cleaned for about 15 minutes, this is different to your statement, what do you want the Court to take?

Witness: My statements now and my written statement

Defense Counsel:  You see your statement written here are the signature the same?

Witness: They are not the same but all of them are my signatures

Defense Counsel:  You said Police leader was Officer Jumanne, so if there is another one would he be lying?

Witness: Yes, it was Jumanne

Defense Counsel:  Do you know Kingai?

Witness: No

Defense Counsel:  You said when they came they introduced themselves to you

Witness: One of them came

Defense Counsel:  So how many Police did you see with your own eyes

Witness: five

Defense Counsel:  Dickson Matata: You said you are a resident of Rau Madukani for eight years you have been living there?

Witness: I have business there in Rau Madukani ward

Defense Counsel:  Will I be correct if I said you didn’t tell the Court the place Rau Madukani ward

Witness: I was not asked that question

Defense Counsel:  Also you did not mention the street name or the name of the chairperson. Or if you have rented or have own house

Witness: I was not asked those question. I have rented

Defense Counsel: Will you agree with me that you are selling Mbege?

Witness: Yes

Defense Counsel:  Will you agree with me that you did not brought any evidence that you are selling Mbege at Rau Madukani including your house contract?

Witness: I was not asked

Defense Counsel:  Aside from Esther you did not mention anyone else living at Rau

Witness; Yes I did not metion

Defense Counsel:  You said you had come from the Saloon but you did not mention the name of the Saloon nor the name of the person who did your hairs?

Witness; I was not asked

Defense Counsel:  You said after reaching Rau you saw three people drinking beer?

Witness: Yes

Defense Counsel:  And you said they were sitting at the table with somebody who registers simcards, what should the Court take?

Witness: The Court should take all of it

Defense Counsel:  You said after Rau you went to the Central Police; did you tell the Court what time it was?

Witness: I was not asked

Defense Counsel:  Hoorable Judge may I ask for exhibit P2

Defense Counsel:  In your statement where did you mention about Esther?

Witness: It was not written

Defense Counsel:  Peter Kibatala: What time is it?

Witness: Quarter to 3pm

Defense Counsel:  What Color is that car outside?

Witness: Blue

Defense Counsel:  You remember when Malya was cross-examining you you said you have eyes problem, that you use glasses?

Witness: Yes

Defense Counsel:  Is your other name Mama Pendo?

Witness: Yes, I’am called Mama Pendo or Mama Peter

Defense Counsel:  When was your daughter helping you in the past

Witness: No but my daughter was only helping me with cleanliness

Defense Counsel:  Did you say anything about Pendo here in Court?

Witness: I was not asked

Defense Counsel:  In Rau there is a person with wholesale beauty shop and there are other two shops?

Witness: Yes, true

Defense Counsel:  Tell the Judge if you explained this environment

Witness: No I did not

Defense Counsel:  This exercise is of knowing truth and lies, did you see when the gun was withdrawn [from the accused]

Witness: Yes

Defense Counsel: You said while he was being searched something hard was seen, how did you know it was a gun

Witness: After they had taken it out

Defense Counsel:  Items wrapped in nylon where they not hard items?

Witness: They were soft

Defense Counsel:  You said you saw the gun number didn’t you see CZ100

Witness: Yes

Defense Counsel:  You said three bullets were found, were you able to show them here in Court

Witness: No

Defense Counsel:  You said three bullet were in the magazine do you know a magazine?

Witness: It is in a downward side of the gun

Defense Counsel:  Did you show the judge in practice

Witness: No

Defense Counsel:  In your explanation you didn’t say Police had pulled out the magazine and remove three bullets

Witness: I had said

Defense Counsel:  Take your statement and read if you wrote those words

Witness: no that is not in the statement D2

Defense Counsel:  Is it correct in your exhibit that is there any other officer you had mentioned?

Witness: Other had introduced themselves but I have forgotten

Defense Counsel:  Read your statement and say if there is anywhere you had mentioned any other witness than you

Witness: It’s not in the statement but I was with Esther

Defense Counsel:  Did you clarify that in Court

Witness: No

Defense Counsel:  You said you had identified Adam Kasekwa after he had introduced himself

Witness: Yes

Defense Counsel:  Do you agree the other name used by him when he introduce himself willingly is Adamoo, is this name in your statement?

Witness; He introduced himself willingly but there was no Adamoo in the statement

Defense Counsel:  Please read this form carefully before the judge

Witness: Reads Adam Hassan Kasekwa Adamoo

Defense Counsel:  You said the name was there or not there

Witness: Not there

Defense Counsel:  Now is the name there or not

Witness: Its there

Defense Counsel:  With this confusion are you a lying witness or not?

Witness:  True witness

Defense Counsel:  According to exhibit D2 who had recognized and mentioned gun?

Witness: Officer Jumanne

Defense Counsel:  Is there anywhere where you had said you were the one who had identified the gun number?

Witness: Nowhere. It is not written but I did read the number

Defense Counsel:  In your statement is there anywhere where you have mentioned Luger?

Witness; There is none in this form

Defense Counsel:  Who had filled the form?

Witness: Officer Jumanne 

Defense Counsel:  Do you know or not that gun is introduced by its name then number

Witness: I don’t know

Defense Counsel:  In your statement you mentioned phone itel 2160 did you put I your exhibit?

Witness: No I couldn’t

Defense Counsel:  Do you know IMEI number of a phone taken from Adam Kasekwa

Witness: No I don’t know it

Defense Counsel:  Do you agree with me that in D2 IMEI number has not been mentioned

Witness; Yes, it was not mentioned

Defense Counsel:  Witness of exhibit ID1 tell the Judge if there are words CZ100 on the gun

Witness: The are none

Defense Counsel:  Where you guided to clarify about anything regarding the absence of CZ100

Witness: I was not guided

Defense Counsel:  Do you know about ICCID number of Adam Kasekwa itel phone before admitted as evidence here in Court?

Witness: I don’t know anything about ICCID number

Defense Counsel:  You remember the one with T-shirt who you had identified as Mohamed Abdallah Lingwenya?

Witness: I mentioned the first two names not Lingwenya

Defense Counsel:  You agree that you had mention him in your statement as Mohamed Abdallah lingwenya and you are under oath

Witness: Yes, I had mentioned him

Defense Counsel:  Read your statement how did you mention him

Witness: Mohamed Abdallah Ling’wenya

Defense Counsel:  And you said Mohammed Abdillah, and you didn’t clarify the difference to the Court?

Witness: Yes

Defense Counsel:  In the exhibit D2 is there anywhere were you have talked about Officer Kingai?

Witness: No

Defense Counsel:  During the incident you were present the whole time and no one introduced himself as Kingai?

Witness: I didn’t say anything about that

Defense Counsel:  You said signature are different depending on the situation and you said exhibit ID1 you had signed while standing, did Officer Jumanne also signed while standing?

Witness: Yes he was standing

Defense Counsel:  While at the Grocery there were chairs and table?

Witness; Chairs and table were there

Defense Counsel:  Read in your statement if there is anywhere where you mentioned Grocery?

Witness; There is Bar

Defense Counsel:  Did you clarify anywhere that Bar and Grocery is the same

Witness: No I did not

Defense Counsel:  We had agreed that your shop is behind of four shops?

Witness: Yes

Defense Counsel:  How much is the distance between the four shops and where the accused were arrested ?

Witness; Three steps

Defense Counsel:  All the four shops were open?

Witness: Yes

 

Defense Counsel:  So they left those who their shop was open and follow you who you were 10 steps

Witness: Yes, they did

Defense Counsel:  Do you know in one of the shop is for Mohamed Ling’wenya sister?

Witness: I don’t know

Defense Counsel:  Do you know the name of the local government leader?

Witness: Sigifred Malezi

Defense Counsel:  Did you say if he was present?

Witness: No

Defense Counsel:  And who is his assistant

Witness: Tembea

Defense Counsel: How far is he from the place of incident?

Witness: I don’t know

Defense Counsel:   Did you clarify that at the Court

Witness: No

Defense Counsel:  When you were cross examined by the State witness you said you went to the saloon at 1pm, you stayed there for how long?

Witness: like for fifteen minutes

Defense Counsel:  You see there is confusion that the time you were at the saloon is the same time the accused were being arrested

Witness: Yes, it’s a confusion

Defense Counsel:  Who should straighten it?

Witness: me

Defense Counsel:  You said after the accused were inspected they were handcuffed; did you tell the Judge what happened next

Defense Counsel:  Did you tell the Judge how you left Rau Madukani?

Witness: We took a different car and head to Central

Defense Counsel:  As you were leaving Rau madukani did you hear Police communicate on the arrest of the accused?

Witness: No

Defense Counsel:  Did you hear the Police asking for Mosses Lijenje?

Witness: I heard them asking about their colleague not name

Defense Counsel:  In your statement D2 you mentioned how many were they?

Witness: Three

Defense Counsel:  In your statement is there anywhere you had explained about three guys

Witness: No

Defense Counsel:  How many guys did you mention

Witness: two

Defense Counsel:  So have you spoken about the third guy today

Witness: No

Defense Counsel:  And you did not spoke about the guy who was registering simcards?

Witness: no

Defense Counsel:  In your own eyes did you saw them registering sim cards?

Witness: Yes

Defense Counsel:  Tell the Judge which simcard were they registering

Witness: I don’t know

Defense Counsel:  At Central Police Moshi, tell the Judge of you had witnessed items getting in as per the PGO

Witness: I did not spoke about that

Defense Counsel:  Did you tell the Judge if they were found with wallets or any other items that men carry?

Witness: No I did not

Defense Counsel:  Did you clarify about Esther?

Witness: No I said she own a mini-bar

Defense Counsel: For us to believe you are a businesswoman did you tell the Judge the name of your shop?

Witness: no

Defense Counsel:  Did you tell the Judge what Adam Kasekwa na Mohamed Abdillah were wearing

Witness: No I did not

Defense Counsel: You said exhibit ID1 was filled at the scene

Witness: Yes

Defense Counsel: and three copies were filled at the scene

Witness: No

Defense Counsel: Did you hear the Police Officer mentioning the rights of the accused while arresting them?

Witness: No I didn’t hear

Defense Counsel:  You said you had worked with somebody called Jummane he is the one who wrote your statement, did you say anything about an officer named Francis

Witness: no

Defense Counsel: The color of the gun was black did you say that here in Court?

Witness: No

Defense Counsel: Did you clarify before the Court about the time taken to reach Central police Moshi were your statement was taken at 2:24pm.

Witness: No

Defense Counsel: Before that have you ever been to Central?

Witness: no

Defense Counsel: You said the drugs were found on Adam Kasekwa, did you mention if there was anything that was done about the drugs

Witness: No I did not know what was the end of it

Defense Counsel: Regarding the difference in signature between D1 nad D2 before your testimony did you clarify about the difference

Witness: No I did not

Defense Counsel: Honorable Judge I request to end there

State Counsel: Honorable Judge I request we adjourn until tomorrow

Judge: We have 50 minutes; I request we proceed I will add 10 more to make it 1 hour

State Counsel: Okay Hon. judge

State Counsel: When you were asked about the witness color what did you saw?

Witness: White, green and black

State Counsel: Hon.Judge may I request for exhibit D2

State Counsel: You were asked regarding the statement made at the Police and the one provided in Court, some details were not in the statement recorded at the Police. And regarding the accused to be read their right, why is this?

Witness; It has to do with the writer

State Counsel: You were asked that how did you know it was ID and you said it was because of the coat or arms, what did you mean?

Witness: It was the Police logo

Defense Counsel: Mallya: Objection he said coat of arm and anot Police logo unless we are also going to be allowed

State Counsel: Withdrawn

State Counsel: You were asked in your statement that you knew the names after inspection but here you said you knew them before, what did you mean

State Counsel: I knew them before the inspection

State Counsel Robert enters

State Counsel: You were asked if you saw two men who were registering simcard but afterward you said you saw them with a young men doing mobile simcard registration, what did you mean?

Witness: I saw the young man who was registering simcards

State Counsel: You said two sometime three clarify please

Witness: When they were registering simcard they were two but during the arrest they were three

State Counsel: You were asked regarding the recognition of a gun in a handover document regarding CZ100 and you said you don’t know, why?

Witness: The handover document was written A5340

State Counsel: You were asked to clarify between ‘Grocery’[mini-bar] and bar clarify

Witness: They were at the Esther’s grocery

State Counsel: You were asked where they were arrested between wholesale beauty shop  and a shop which one was closer

Witness: they were arrested near my place of business

State Counsel: You were asked that there is no name of Sweet Fredy M local leader? Why

Witness: I was not asked that

State Counsel: You were asked regarding the time of the incident, when did it happen?

Witness: It was at 1:00pm

State Counsel: You were asked if the accused items were recorded in a police book, why didn’t you give that testimony?

Witness: I was not asked

State Counsel: You were asked about the Police named Kingai clarify which Police was involved in the arrest?

Witness: I did not spoke about it because I was not asked which Police did the arrest

Honorable Judge we request to end there

Case is adjourned to November 2,2021, 9:00am

 

 

The Chanzo Reporter

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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.

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