Court allows prosecution to call witness in drug trial

Dar es Salaam. The High Court yesterday allowed state lawyers to file a request to call a key witness in a high-profile drug case despite a vigorous objection by the defence side.

Madam Justice Grace Mwakipesile dismissed the objection by defence lawyers that the notice cannot be filed during trial, saying it was necessary to allow the prosecution to file notice to call an additional witness. The accused include an alleged Kenyan drug trafficker, Ms Mwanaidi Ramadhani Mfundo alias Mama Leila, who prior to her arrest was a target of the United States government over similar charges.

Others are Tanzanians Ms Sarah Munuo, Ms Aisha Kungwi, Mr Almasi Said, Mr Yahya Ibrahim, Mr Rajabu Mzome and Mr John William and two other Kenyans, Mr Anthony Karanja and Mr Ben Macharia.

They were arrested in 2011 in Dar es Salaam’s Mbezi suburb for being in possession of about five kilogrammes of cocaine worth Sh225 million. Defence lawyer Yasin Membe asked for court’s direction after learning that prosecution had already filed a notice of calling an additional witness before the court decided on the matter. The lawyer complained that a second witness had been added in the notice contrary to what they had asked a day before.

Justice Mwakipesile refused to entertain the request and asked to be given chance to read her decision. “I think you should wait for me to read the ruling. Give this court time,” she said.

The granting of a request to call additional witness irked the defence lawyers because the prosecution had used the opportunity to add a second witness in the list of witnesses they intended to call.

“It was clearly stated here yesterday that prosecution’s intention was to file a notice to call the additional witness. So, it is logical that the notice should have been filed after your decision and not otherwise,” argued Mr Evodi Mmanda, one of the defence lawyers.

Mr Mmanda further asked the court to consider the notice because the prosecution initially requested to be allowed to call an officer from the Chief Government Chemist, Ms Betha Mamuya, who had examined and certified the drugs to be cocaine.

Meanwhile, drama ensued in the corridors of the High Court after one of the accused, rammed through a section of photographers who lined up to take photos.

Had it not been for the handcuffs and timing of prison warders to control him, chaos could have erupted because friends and relatives of the accused were also shouting in support of the act.

He failed to control his tempers when he found a group of photographers in the corridor and started attacking them.

“Stop harassing us….don’t harass us,” said the suspect angrily.