A Resident Magistrate in Dar es Salaam, Aziza Kalli, yesterday turned down a request from an accused person for an opportunity to be tutored first before he cross-examined a key witness in the trial of ten persons, including a woman, charged with stealing a transit container full of used spare parts from the Dar es Salaam port six years ago.
The rather unusual even occurred at the Temeke Resident Magistrates’ Court in the city when Kalli called on the fifth accused, Mohamed Nyipembe, alias Bonge, to cross-examine a former taxi driver, Hamis Maneno, alias Moustache, who had earlier told the court how he was hired by Bonge and went around with the accused as the container was being cleared from the port and was later diverted to a garage in Sinza where the cargo was offloaded.
“Your honour, before I continue I would like to be enlightened on how to ask my questions because courtroom procedure is something that…”
It was at that point that the magistrate cut him short, saying: “I have given you the opportunity to ask the witness some questions and not a forum for learning.”
Bonge then went ahead to cross-examine the witness, haggling more on the number of days they were together rather than trying to prove to the court that what the witness had said was not true.
The accused are jointly charged with four counts of conspiracy to commit an offence, conspiracy to defraud, stealing goods in transit and forgery.
The container, with goods worth 149,895 US dollars, belonged to the Zambia-based Nigerian importer, Emmy Chris Investments Ltd. A consular officer from the Nigerian High Commission, Mr Donald Akut, was in court yesterday to observe the proceedings. The accused persons have all denied the charges and are out on bail.
By MBONEKO MUNYAGA, Tanzania Daily News
