THE Kisutu Resident Magistrate Court, Dar es Salaam has rejected the request of the couple Bharat Natwan (57) and Sangita Bharat (54) to ask the witness Kiran Ratilal to submit a short video clip showing her being immersed in a bucket of cement mixture.
Natwan and Sangita Bharat (54), who live at Mrima Street - Kisutu, Lohana building Dar es Salaam, are accused of four charges including Assault and causing Grievous Harm, which they committed on July 21, 2023, against the law.
On behalf of his clients, the request was submitted yesterday before the Resident Magistrate, Aaron Lyamuya by Defense Advocate Edward Chuwa, when Kiran Lalit Ratilal was asked cross-examination questions on the evidence she gave against the defendants.
Chuwa asked Kiran Lalit Ratilal, who is the fourth witness in the case if it is true in her testimony where she claimed that she had a clip that showed her being immersed in the bucket of mixed cement and glue. Whether she was ready to release it but she claimed that she did have it at that time.
"Therefore, you have asked to give it to the court as evidence based on the information you submitted before the court," claimed Chuwa
After Chuwa claimed that, Magistrate Lyamuya explained to him that the witness should not be asked to produce the video clip, but Chuwa continued to claim that they wanted it to be produced as evidence.
However, the Senior State Attorney, Faraji Nguka claimed that they are not ready to provide that evidence, but if Chuwa want it, they can provide it in their defense by following the procedure.
Advocate Chuwa claimed that if there are steps to follow, he does not remember upon which Magistrate Lyamuya explained to them that there are legal procedures for the witness to provide evidence during the period of the cross-examination questions that must be followed.
"This request has come randomly and this request has been rejected," said Lyamuya
After Lyamuya said that, advocate Chuwa claimed that they had finished the cross-examination questions of the witness.
State Attorney Nguka asked the witness some questions (Re-examination) to explain to the court, where he claimed that the defense side asked her a lot about his husband's relationship with the Regency Hospital, whereby she clarified that her husband is not a doctor but the Chief Executive Officer of the hospital.
Nguka asked the court to set a date for them to bring other witnesses in the case and claimed that they were ready to continue even today.
The case has been adjourned until August 30, 2024, at 9 am for continuation of the hearing of the prosecution's witnesses.
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