Magistrate accuses lawyer of using delaying tactics to drag case in Dar

By Joseph Mwendapole , The Guardian
Published at 12:13 PM Sep 28 2024
Court Hammer
Photo: File
Court Hammer

KISUTU Senior Resident Magistrate Aaron Lyamuya and State Attorney Faraja Ngukah have expressed disappointment in defence lawyer Edward Chuwa regarding delays in the criminal case against Dar es Salaam couple Bharat Nathwani and Sangita Bharat.

The couple faces charges of causing grievous harm and using abusive language, stemming from an incident that reportedly occurred on July 21, 2023 when Nathwani allegedly inflicted serious injury on Kiran Lalit by immersing her head in a bucket of mixed cement.

Magistrate Lyamuya on Friday condemned the repeated postponements of the case which began over a year ago, citing a pattern of delaying tactics by Chuwa. 

“These issues are not new; they are documented in court records. This case must come to an end; we cannot continue to come here daily and achieve nothing,” Lyamuya said.

He emphasised the responsibility of all parties involved, noting that both him and the state attorney are paid by the government to perform their duties. 

“I have tolerated these delays for too long. I have been patient but it is unacceptable for the defence to continuously postpone proceedings with excuses. This case must conclude,” he said.

Lyamuya instructed the defendants to communicate with their lawyer and urged Chuwa to come to court prepared to proceed and allow the couple to return to their normal lives. He scheduled the next hearing for October 7, urging witnesses to attend.

During the session, Ngukah said that Chuwa has a history of delaying tactics, noting that the case has been postponed seven times due to his excuses. He pointed out that during a previous hearing on September 10, Sangita claimed illness, only to later attend Indian cultural celebrations.

Ngukah asserted that Chuwa’s frequent excuses were unacceptable, especially since he had proposed the latest hearing date himself. 

“This case is taking far too long and must come to an end,” he stressed, underlining the implications of ongoing delays.

He urged the court to direct that if Chuwa does not attend future hearings, another lawyer be present to ensure the case continues without further adjournments. 

“It has been a year since this case started on August 18, 2023 and only four witnesses have testified,” he said.