Technology has proved too strong to challenge for the first time in the history of legal practice in Tanzania. It facilitated a cross examination of key witness in the case against Prof. Costa Mahalu, former Tanzanian Ambassador to Rome, Italy.
The Kisutu Judicial Court, temporarily moved its activities to the Tanzania Global Development Learning Centre (TGDLC) in Dar es Salaam to cross examine an Italian private advocate, Mr. Marco Tatii from Rome Italy.
The cross examination was conducted through video conferencing facility at the TGDLC and witnessed strong resistance from the plaintiff advocates who prayed the magistrate to prevent the hearing on ground that it was not right for the witness to testify while outside the witness box.
“Your honor, I request your court to rule out this session because it is not proper for the witness to testify outside the witness box. There is also a possibility that the witness will lie because we don’t know who is in the room and he might be reading ‘doctored’ answers from an accomplice,” charged advocate Mabere Marandu.
Marandu further prayed that it was not proper to cross examine a witness who is not physically present at a court session. “Your honor how will you establish the demeanor of the witness if he is not here physically?” he asked.
Advocate Marandu also challenged the authority of the Kisutu Resident Court and her magistrate in pursuing such a case without the permission of the Chief Justice. “With due respect your honor, I think you don’t have the authority to allow this case to be run this way without official approval from the Chief Justice,” he quipped.
Public Prosecutors, however, prayed for the court to continue with its proceedings because the issue was presented and decided by the court amicably. “Your honor, I request that we proceed without further a due to cope with the time slot we have bought,” PCCB official Joseph Hole cried.
The Kisutu Court, Senior Resident Magistrate Sivangilwa Mwangesi, ruled in favour of the Public Prosecutors charging that the issue was amicably decided in the previous session and that there was no need of reversing its decision.
“We must respect the court’s decision. This session should therefore proceed,” he said.
Prof. Mahalu is charged for defrauding the United Republic of Tanzania 2bn/- during the purchase of the Tanzanian Embassy building in Rome, Italy in 2002. He is charged together with other two Tanzanian Embassy ex-officials Mr. Steward Prosper Migwano and Ms Grace Alfred Martin.