the republic vs john mbatira mtuke 3 others 2023 tzhc 21439 25 september 2023

the republic vs john mbatira mtuke 3 others 2023 tzhc 21439 25 september 2023

Section 289(1) of the Criminal Procedure Act permits calling a witness whose statement was not read at committal proceedings if reasonable notice is given. The notice was filed and the defence had opportunity to cross-examine. Precedent supports prosecution's position. Legal representation issues raised by defence do not affect the validity of proceedings.

Citation
the republic vs john mbatira mtuke 3 others 2023 tzhc 21439 25 september 2023
Parties
Prosecution: The Republic; Accused: John Mbatira @ Mtuke; Accused: Sadick Shabani @ Yohana; Accused: Manga Mgonoki; Accused: Steven Augustino @ Odiero
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 September 2023
Procedural Posture
Criminal / Ruling on Notice to Call Additional Witness Under Section 289(1) of the Criminal Procedure Act
Outcome
application to call additional witness allowed
Legal Topics
Summoning Additional Witness, Committal Proceedings, Reasonable Notice, Legal Representation
Source Language
English
Criminal Procedure Summoning Additional Witness Committal Proceedings Reasonable Notice Legal Representation

Case Brief

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Parties

The Republic

Prosecution

John Mbatira @ Mtuke

Accused

Sadick Shabani @ Yohana

Accused

Manga Mgonoki

Accused

Steven Augustino @ Odiero

Accused

Procedural Posture

Criminal / Ruling on Notice to Call Additional Witness Under Section 289(1) of the Criminal Procedure Act

Legal Issues

  1. 1 Whether section 289(1) of the Criminal Procedure Act permits calling a witness whose statement was not read at committal proceedings
  2. 2 Whether reasonable notice was given to the accused or their counsel
  3. 3 Whether holding brief by defence counsel affects the proceedings

Ratio Decidendi

Section 289(1) of the Criminal Procedure Act permits calling a witness whose statement was not read at committal proceedings if reasonable notice is given. The notice was filed and the defence had opportunity to cross-examine. Precedent supports prosecution's position. Legal representation issues raised by defence do not affect the validity of proceedings.

Court Disposition

application to call additional witness allowed

Orders

  • Republic permitted to call G. 7338 D/Cpl. Haruna as additional witness
  • Defence granted right to cross-examine PW5