director of public prosecutions vs asia ibrahim zuberi four others 2022 tzhcced 23 21 april 2022
The court granted the application for witness protection measures, finding it necessary to withhold witness identities and restrict access to sensitive information to protect witnesses and the integrity of the proceedings, but declined to order video conference or in camera trial at this stage.
Source-derived case information.
- Citation
- director of public prosecutions vs asia ibrahim zuberi four others 2022 tzhcced 23 21 april 2022
- Parties
- Applicant: Director of Public Prosecutions; Respondent: Asia Ibrahim Zuberi; Respondent: Sophia Ismail @ Muhomi; Respondent: Selemani Rajabu Ntungu; Respondent: Said Rajabu Ntungu; Respondent: Mussa Rajabu Ntungu
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 21 April 2022
- Procedural Posture
- Miscellaneous Economic Application / Order on Application for Witness Protection Measures
- Outcome
- application granted in part
- Legal Topics
- Witness Protection, Committal Proceedings, Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Director of Public Prosecutions
Applicant
Asia Ibrahim Zuberi
Respondent
Sophia Ismail @ Muhomi
Respondent
Selemani Rajabu Ntungu
Respondent
Said Rajabu Ntungu
Respondent
Mussa Rajabu Ntungu
Respondent
Procedural Posture
Miscellaneous Economic Application / Order on Application for Witness Protection Measures
Legal Issues
- 1 Whether the identities of prosecution witnesses should be withheld in Economic Crime Case No. 24/2017
- 2 Whether the prosecution may withhold witness statements and documents from the accused
- 3 Whether alternative summaries of evidence may be provided to the accused
Ratio Decidendi
The court granted the application for witness protection measures, finding it necessary to withhold witness identities and restrict access to sensitive information to protect witnesses and the integrity of the proceedings, but declined to order video conference or in camera trial at this stage.
Court Disposition
application granted in part
Orders
- Identities of prosecution witnesses in Economic Crime Case No. 24/2017 to be withheld, including names and locations, during committal and trial.
- National Prosecution Services to screen and redact witness statements and documents to eliminate identifying information before reading in committal proceedings; such documents not to be supplied to accused or defense counsel.
Full Case Text
Judgment text and source record
1 paragraphs
MISC. ECONOMIC APPLICATION NO. 01 OF 2022 THE DIRECTOR OF PUBLIC PROSECUTIONS..................... APPLICANT VERSUS 1. ASIA IBRAHIM ZUBERI 2. SOPHIA ISMAIL @ MUHOMI 3. SELEMANI RAJABU NTUNGU RESPONDENT 4. SAID RAJABU NTUNGU 5. MUSSA RAJABU NTUNGU ORDER The application is granted on the followings terms:- (i) The identities of the intended prosecution witnesses in Economic Crime Case No. 24/2017 pending at Singida Resident Magistrate's Court, be withheld including their names, and whereabout or location during committal proceedings and trial (ii) Arrangements be done by the National Prosecution Services (NPS) to make a thorough examination or assessment and screen all the witness statements and documents to eliminate and delete all names, particulars or any facts which on the face of it will likely i lead to the disclosure of identify of a particular witness, before the same are read over during committal proceedings. But the said witness statement and documents shall not be supplied or availed to the accused person or defense counsel. (iii) Or in the alternative to the above (ii), the NPS to prepare a comprehensive summary of detailed facts without disclosing identifies and location of witnesses, which will enable the respondents (accused persons) to know the gist and substance of the prosecution story or evidence. (iv) Dissemination, publication of any document or information, testimony, bearing identity of witnesses, location or whereabouts of witnesses, is strictly prohibited during committee and trial. (v) I decline to grant or make any order regarding modality of conducting trial by way of video conference or in camera, at this juncture. To any view, these prayers can be more conveniently made and deliberated during trial.