the republic vs josephat kawawa athman 2 others 2023 tzhc 21977 12 october 2023

the republic vs josephat kawawa athman 2 others 2023 tzhc 21977 12 october 2023

Defence counsel cannot read a prosecution witness's prior statement during cross-examination without first seeking and obtaining leave of the court, as required by section 164(1) of the Evidence Act. The procedure in Lilian Jesus Fortes v. Republic does not override this statutory requirement.

Citation
the republic vs josephat kawawa athman 2 others 2023 tzhc 21977 12 october 2023
Parties
Prosecution: The Republic; Accused: Josephat Kawawa @ Athmani; Accused: Mashaka Juma @ Mangu @ Jeshman; Accused: Mkongwe Marwa @ Kinozi @ Somatama
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 October 2023
Procedural Posture
Criminal Sessions Case / Interlocutory Ruling During Trial
Outcome
Defence counsel restricted from reading the witness statement without leave of court.
Legal Topics
Impeachment of Witness, Procedure for Use of Prior Statements, Leave of Court
Source Language
English
Criminal Law Evidence Impeachment of Witness Procedure for Use of Prior Statements Leave of Court

Case Brief

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Parties

The Republic

Prosecution

Josephat Kawawa @ Athmani

Accused

Mashaka Juma @ Mangu @ Jeshman

Accused

Mkongwe Marwa @ Kinozi @ Somatama

Accused

Procedural Posture

Criminal Sessions Case / Interlocutory Ruling During Trial

Legal Issues

  1. 1 Whether defence counsel may read a prosecution witness's prior statement in cross-examination without leave of court
  2. 2 Proper procedure for impeaching a witness using prior written statements

Ratio Decidendi

Defence counsel cannot read a prosecution witness's prior statement during cross-examination without first seeking and obtaining leave of the court, as required by section 164(1) of the Evidence Act. The procedure in Lilian Jesus Fortes v. Republic does not override this statutory requirement.

Court Disposition

Defence counsel restricted from reading the witness statement without leave of court.

Orders

  • Defence counsel is prohibited from proceeding with reading the witness statement of PW3 without prior leave of the court.