THE Kisutu Senior Resident Magistrate Aaron Lyamuya and State Attorney Faraja Ngukah, have expressed anger against defense lawyer Edward Chuwa in a criminal case facing Dar es Salaam couples Bharat Nathwani and Sangita Bharat.

The move came after the lawyer was accused of using delaying tactics that lead to several postponement of the case that started one year ago.

"These are not just brought up issues, they are in the court records. This case must come to an end!! We cannot come here every day and just sit doing nothing.  There are police, there are clerks and state attorneys. They are here every day – only to witness the case being postponed – “NO" we can not go like this,”  said Lyamuya

The criminal case of causing grievous harm and using abusive language is facing the couple Bharat Nathwani (57) and Sangita Bharat (54) where Nathwani is accused as on July 21, 2023 along Mrima-Kisutu street, Lohana building, within Ilala District , Dar es Salaam caused grievous harm to Kiran Lalit by immersing her head in a bucket of mixed cement.

Magistrate Lyamuya went further by saying that he is paid salary by the government so he has to work and also the state sttorney is paid and he has also to work.

" I tolerated this for a very long time but it is over. I was seeing the excuses that were being given from time to time by the defense lawyer, but I decided to be patient, but it is not right for defense lawyer to delay this case every day by several excuses, it must come to an end," said Magistrate Lyamuya

He asked the defendants to explain to their lawyer what happened in court and to tell him to come to court to proceed with the case so that it come to an end and defendants can continue with their normal life.

Magistrate Lyamuya scheduled the matter for October 7, 2024 for hearing, where the witness who was present to the court, was warned to attend on that date.

Earlier, the State Attorney, Faraja Ngukah, also complained to the court that the defense lawyer Edward Chuwa has a habit of delaying the case by always giving excuses.

In addition, the State Attorney has complained about the action by the second accused Sangita, whereby she claimed she was sick during the last hearing on September 10th  and the case was postponed to September 26th , but surprisingly, she went to attend the ongoing Indian cultural celebrations as soon as she left the court.

Ngukah claimed that the hearing of the matter has been postponed seven times on the excuse of defense lawyer Chuwa although the court gave him the opportunity to set a date for the hearing.

"It is not right that this case is being postponed frequently because of  Chuwa, and he is the one who suggested today's date while he should have informed the court that he has a hearing of another case today – despite of the fact that he was the one who requested for today's date," he claimed.

He claimed that in the three sessions of August 30, 2024, September 10, 2024 and yesterday's session of September 26, 2024, all those sessions had been postponed due to excuses from defense lawyer Chuwa.

He claimed that on August 30th  Chuwa claimed to be at the High Court for a hearing and on September 10, 2024 he told the Court that they could not proceed because his second client was sick - even though the alleged patient was seen continuing with her normal activities.

Ngukah claimed that on that day, the defendant Sangita attended the ongoing Indian cultural celebrations as soon as she left the court she continued with her social activities and was not sick as her lawyer claimed and instead they arranged for the case to be adjourned.

"The plaintiff and the defendants live in the same area, so they can see what is going on. Honorable Magistrate, justice delayed is justice denied - this case is taking too long and must come to an end," claimed Ngukah

"This hearing was supposed to start at 9:00am in the morning, so we expected him to arrive at the court here early and we start with this because the High Court hearing starts at 11:00am in the morning," he claimed. 

"While this case is tabled,  Chuwa usually comes with another lawyer Anna Lugendo, but surprisingly, Lugendo has an excuse too and does not come to court when Lawyer Chuwa doesn’t come, this is not right"

"We are requesting the Court to issue an order that on the next date for the hearing set by the Honorable Court, the defense side should be present if there is any excuse on that day from defense, then another lawyer should come and the case should continue. There should not be any further adjournments due to excuses and the delay tactics. It is now a year since commencement of this case here – which was on August 18, 2023 and so far only four witnesses have testified," claimed Ngukah

Ngukah said that yesterday they had one witness who came to court for the third time but he did not get a chance to be heard and added that he is not being treated fairly because he is giving up his social activities to come to court.

"The day this witness gets tired of coming to court and refuses to come, on the side of the Republic, it will be to our disadvantage. We are not doing him justice and we therefore ask the defense lawyer  Chuwa to be warned," claimed Ngukah

Magistrate  Lyamuya asked the defendants if they had heard the state attorney's complaint about their lawyer Chuwa not appearing in court and they replied that they clearly heard and have taken note of the same.