DAR ES SALAAM: RESIDENT Magistrate Aaron Lyamuya of the Kisutu Resident Magistrate’s Court, Dar es Salaam, has rejected a request to withdraw from the case of injury allegations facing Bharat Nathwani (57) and Sangita Bharat (54), as requested by the defense lawyers.
He stated that the reason given by veteran lawyer Gabriel Mnyele does not justify his withdrawal.
Magistrate Lyamuya delivered this brief ruling yesterday after the defendants’ lawyers, Mr Mnyele and Edward Chuwa, requested that he withdraw because he had rejected their two preliminary objections when the case was being heard by witnesses for the Republic.
“These arguments were one-sided by Lawyer Mnyele, and it is not new to ask a magistrate or judge to withdraw from a case. It is a common occurrence, but you must provide basic legal reasons, not just feelings,” said Magistrate Lyamuya.
“If the reasons suggest there is injustice, favoritism, or if one has friends or relatives involved in the case, then it may be appropriate to withdraw. I expected Mnyele to present such basic reasons,” said Magistrate Lyamuya.
“If this request had been made by a layperson unfamiliar with the law, I might have considered the request to withdraw. But for a senior lawyer like Mnyele, I cannot withdraw without fundamental reasons justifying my withdrawal,” he added.
He continued, explaining that rejecting their preliminary objections is not a valid reason to ask a magistrate to withdraw from the case without a substantial basis for alleged wrongdoing.
“I will continue with the case to its conclusion. I will not step down because there is no valid, fundamental reason provided by Lawyer Mnyele. If you are dissatisfied, you can appeal at the end, but not now,” he said.
The magistrate then asked what action Mr Chuwa intended to take since a decision had already been made and the next hearing date was being scheduled.
The case has been adjourned until December 3, 2024, at 11:00 a.m. The fifth witness, Assistant Police Inspector Calvin (36), will continue to give testimony.
The couple, Tanzanian citizens of Indian origin living on Mrima Street – Kisutu, Lohana Building, Dar es Salaam, face four charges related to alleged offenses committed on July 21, 2023.
It is alleged that on July 21, 2023, in the area of Mrima-Kisutu, Lohana Mahajan Building, within Ilala District, Dar es Salaam, Nathwani unlawfully caused grievous harm to Kiran Lalit by immersing her head in a bucket of mixed cement and physically assaulted Lalit Ratilal, causing injury.
