Prosecution opposes case adjournment, accuses defense lawyer of delaying tactics

DAR ES SALAAM: THE Prosecution side in the criminal case facing the couple Bharat Nathwan (57) and Sangita Bharat (54) have opposed the adjournment of the case accusing the defense lawyer of giving baseless reasons.

They said the defense lawyer who claimed to be sick was not telling the truth.

The request to challenge the adjournment move was submitted on Monday by the Senior State Attorney, Grace Mwanga before the Chief Resident Magistrate, Aaron Lyamuya during the cross-examination session between defense lawyer, Edward Chuwa and the witness Kiran Ratilal.

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Ms Mwanga reacted after Mr Chuwa asked for the adjournment of the cross examination to witness Ratilal saying he was on medication and that his health status was not in order at the moment.

Ms Mwanga said the defense lawyer was supposed to give an excuse earlier and not in the middle of the court session.

“We cannot accept this, the lawyer must have said this earlier, what he is doing is a delaying tactics, we cannot accept to postpone this, we are therefore asking him to finish the cross examination now so that when the court convene, we can be able to proceed with other witnesses,” she claimed

She added: “Last time he asked the court to adjoin the case because he was going to High Court, but when we got out of the court, we found him outside talking to the media, he did not even mention the case he was going to attend at the High Court,” said Ms Mwanga.

In response, Mr Chuwa distanced himself from the claim that he asked the court to go to High Court. He also wanted to know at what time the prosecution lawyers spotted him speaking to the media outside the court premises.

“I am going to see my doctor at the Hindul Mandal Hospital, I am 60 years old, I have asked for adjournment because I am not feeling good. I will bring the evidence before this court to show clearly that I went to the hospital,” he explained.

The Magistrate said since he was not a doctor, it was difficult for him to decide if Mr Chuwa was feeling ill or not.

“Because you have insisted on your age of 60, the court is adjourning this case because it is your right,” said the Magistrate.

Moreover, Magistrate Lyamuya asked both parties to use respectful language when asking questions because many people are listening. He added that the court was also accommodating legal students for learning purposes.

The case was adjourned until August 15, 2024 for the defense to continue with cross examination.

The suspects, Natwan and his wife Sangita Bharat (54), residents of Mrima Street – Kisutu, Lohana building Dar es Salaam are accused of four charges including wounding their neighbors on July 21, 2023.