Protection side accuses defense lawyer of delaying tactics

By Grace Gurisha , The Guardian
Published at 05:52 PM Aug 06 2024
The protection side accuses the defense lawyer of delaying tactics in a case facing couple Bharat Nathwani and Sangita Bharat.
Photo: Correspondent
The protection side accuses the defense lawyer of delaying tactics in a case facing couple Bharat Nathwani and Sangita Bharat.

The Republic's side in the assault and causing grievous harm case facing the couple Bharat Nathwan (57) and Sangita Bharat (54) have refused to postpone the case alleging that the defense lawyer wants to delay the case by claiming that he has a health problem.

In addition, the Kisutu Resident Magistrate's Court, Dar es Salaam asked to use respectful language in the courtroom because there are people who learn from them.

The request to reject was submitted yesterday by the Senior State Attorney, Grace Mwanga before the Chief Resident Magistrate, Aaron Lyamuya of the court, while the witness Kiran Lalit Ratilal was being cross-examined by the Defense Attorney, Edward Chuwa.

Mwanga reached that point, after Lawyer Chuwa asked for the postponement of the cross-examination to witness Kiran Lalit Ratilal, claiming that he could not continue because of his health and there were also medicines he had to take.

After Chuwa claimed that, Mwanga claimed that they could not accept the postponement because the lawyer was supposed to inform the court earlier before the case started to be heard that when a certain time comes they should postpone it.

"Republic we cannot accept, the lawyer should have said this earlier, what he is doing is wanting to delay the case, we cannot accept before he finishes the cross-examination of the witness," 

"The last time he said he was going to the High Court, but when he came out he was talking to the media and he didn't mention what case he was going to attend" claimed Lawyer Mwanga 

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However, Chuwa claimed that on that day he did not say he was going to the High Court, he claimed there was work he was going to do also what time was he talking to the media?

"I am going to see a doctor at the Hindu Mandal Hospital and on the day of the trial I can bring evidence here. I am 60 years old, I have asked for an adjournment due to illness," claimed Lawyer Chuwa

Judge Lyamuya said that he is not in a position to say that he is sick or not sick, it is what a person himself feels.

"Because you have insisted on your age of 60, the court adjourns this case for the last time to complete the cross-examination, which is your right, but it should be concluded on the next given date," said Judge Lyamuya

Also, Judge Lyamuya asked them to use respectful language when asking questions because many people are listening, but some legal students learn everything from them.

Judge Lyamuya reached that point, after Lawyer Chuwa accused Lawyer Mwanga of helping the witness, after objecting to his witness being asked a question that he had already answered.
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"Sir, what are those words? I have not helped the witness, I have objected to the witness being asked the same question that she already answered," claimed Mwanga

The case has been adjourned until August 15, 2024, for the defense to continue asking the witness cross-examination questions.

Bharat Natwan along with his wife Sangita Bharat (54) living in Mrima Street - Kisutu, Lohana Mahajan building in Dar es Salaam are accused of four charges including assault and grievous harm which they committed on July 21, 2023, against the law.
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