Court rejects plea for altercation video clip

By Joseph Mwendapole , The Guardian
Published at 06:06 AM Aug 16 2024
Court Hammer
Photo: File
Court Hammer

THE Kisutu Resident Magistrate’s Court yesterday rejected a request by lawyer defending accused couple Bharat Natwan (57) and Sangita Bharat (54) to witness Kiran Ratilal to submit a short video clip appearing to show her being shoved into a bucket of concrete mixture.

Natwan and Sangita Bharat who live along Mrima Street at Kisutu area in Dar es Salaam are accused of four counts, including assault and causing grievous harm, which they allegedly committed on July 21, 2023. 

The request was submitted before Senior Resident Magistrate Aaron Lyamuya by Defence lawyer Edward Chuwa on behalf of his clients when Ratilal was being cross-examined on the evidence she gave against the defendants.

Chuwa asked Ratilal who is the fourth witness in the case if it was 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 and whether she was ready to release it but she responded that she did have it at that time.

Magistrate Lyamuya explained to Chuwa that the witness should not be asked to produce the video clip but the lawyer maintained that he wanted it to be produced as evidence.

However, senior state attorney Faraji Nguka said that they were not ready to provide that evidence, but if Chuwa want it, they would provide as part of their defence by following procedures.

Magistrate Lyamuya explained to them that there are legal procedures for witness to provide evidence during the period of cross-examination that must be followed.

"This request has come randomly and therefore has been rejected," said Lyamuya.

After Lyamuya said this, Chuwa said that he had completed cross-examination of the witness. The case was adjourned until August 30, 2024, at 9am.