Tundu Lissu Case: Prosecutors Want to hide Identities of Witnesses in the Treason Trial

The Director of Public Prosecutions in Tanzania, has decided to proceed with prosecution of the treason case against the top opposition figure, Tundu Lissu at the high court.

However, the Director of Public Prosecutions (DPP) wants to conceal the identities of witnesses and evidence during the hearing of the trial. 

Senior State Attorney Nassoro Katuga told the Kisutu Resident Magistrate’s Court in Dar es Salaam that the DPP has decided to take the case to the high court for hearing. 

However, he said the DPP has filed an ex-parte application at the high court before the hearing of the trial begins to hide the identities of some of the prosecution witnesses and evidence. 

Under the Criminal Procedure Act (CPA), the high court may, upon an ex-parte application by the DPP, order “non-disclosure or limitation as to the identity and whereabouts of a witness, taking into account the security of a witness.” 

The Magistrate has ruled against Lissu’s application for a dismissal and acquittal, but orders prosecutors to expedite the trial

The court may also order non-disclosure of statements or documents likely to lead to the identification of a prosecution witness or any other protection measure as the court may consider appropriate.

“Where the court orders for protection measures… relevant witness statements or documents shall not be disclosed to the accused during committal or trial,” according to the CPA. 

Lissu, who is defending himself in committal proceedings at the Kisutu court, slammed the decision of prosecutors to conceal evidence and identities of some of the witnesses. 

“Justice must also be seen to be done. We will not be able to see justice being done by hiding witnesses,” Lissu argued in court. 

“If the prosecution witnesses are to be examined, cross-examined, and re-examined that is beside the point. The point is they will be hidden from public view and from the accused person.” 

Tundu Lissu, who is the national chairman of Chama Cha Demokrasia na Maendeleo (CHADEMA) party and the main opposition leader in Tanzania, said he will not get a fair trial in court if prosecutors are allowed to canceal evidence and identities of witnesses in the hearing of the case. 

“It is a most blatant disregard of rules of fair adjudication of cases if you hide the identities of witnesses and there is non-disclosure of witness statements and documents,” Lissu pointed out. 

The opposition leader asked the court to dismiss the charges and acquit him in public interest due to exceptional circumstances surrounding the case, which he described as a major political trial.

This came after prosecutors asked for yet another adjournment of the case. 

“The interminable adjournments are a classic abuse of the court process. I am sick and tired of stories (from the prosecution side),” he said. 

“This is the 97th day of my incarceration in remand prison with convicted death row inmates. It is not funny… the court must use its inherent powers to dismiss the charges and acquit the accused person.” 

Principal Resident Magistrate (in charge) of the Kisutu Resident Magistrate’s Court, Franco Kiswaga, ruled against Lissu’s application for a dismissal and acquittal.

The court adjourned the case until July 30 but ordered prosecutors to speed up their ex-parte application at the high court.