The High Court in Dar es Salaam Zone yesterday ruled against the tendering of documents as evidence by the prosecution citing legal shortfalls in the drug trafficking case lined up against former President of the Boxing Federation of Tanzania (BFT) Alhaj Shaaban Mintanga.
Presiding Judge Fouz Twaib concurred with the objection of the defense who had contested the submission of travel documents as evidence from the third prosecution witness Godfrey Mroso.
Judge Twaib also over ruled the objection of the defense who had contested that the recalling of witnesses by the prosecution was unlawful.
He said that he over rule the tendering of the tickets as evidence in court and the objection of the defense to have the other party recall their witnesses. The case has been adjourned until today when the hearing resumes.
The defense side led by Jerome Msemwa had objected the submission of the travel documents because they were mere printouts rather than original copies because they were written on them “I hereby certify that this is the true copy of the original”, thus the defense argued that because of such a statement it made them photocopies.
Msemwa claimed that, those were photocopies as stated by the prosecution therefore they can not be tendered as evidence in court.
The law requires original copies to be produced and submitted.
The Judge also gave the prosecution time to find the originals and thus allowed them to recall their witnesses.
The prosecution also recalled the fourth prosecution witness SSP Charles Ulaya for the same reason.
However, the recalling of witnesses had prompted the defense counsel Msemwa to object on the grounds, among others, that the prosecution was on the verge of losing the case, thus wanted to reinvestigate so as to correct their mistakes which they complained were unlawful.
“Your honor, the recalling of witnesses is a trick by the prosecution to have time to reinvestigate the case as they see that they are losing,” argued Msemwa.
In the case, Mintanga and six others are on June 8, 2008 accused of conspiring and alleged trafficking 4.8 kilograms of heroin with a street value of 120m/- from Tanzania to Mauritius.