THE High Court in Moshi has rejected evidence submitted by former Vunjo Member of Parliament Augustino Mrema of Tanzania Labour Party who seeks to unseat current lawmaker James Mbatia.
Mrema, who is represented by lawyer
January Nkobogo, presented two exhibits to be used as evidence in this
case which were two sample ballot papers one with a tick indicating
elect Mbatia.
State Attorney Mark Mulwambo, assisted
by Ellen Rwijage and Liliani Machage, said the evidence presented by the
prosecution does not have the credibility and does not meet the
criteria that are part of evidence.
He said that the prosecution failed to
bring the original sample papers and instead submitted a copy which was
not mentioned in the first witness (Mrema) oath. “These documents have
no legal credibility and the witness did not explain in his oath that he
will bring the original paper.
Instead, he has brought a photocopy of illustrations and did not disclose where he got the original one,” Mulwambo said.
Lawyers defending James Mbatia, Mohamed
Tibanyendera, assisted by Faygrace Sadala and Younsaviour Msuya,
supported the argument made by the State Attorney. He noted that apart
from these limitations, also the witness could not confirm how he got
these papers.
Tibanyendra went on to say that also the
illustrations provided by the witness do not have the seal of a lawyer
as in the original petition, saying that could amount fabrication of
evidence.
Judge Lugano Mwandambo said after
listening to all the sides that the court has decided not to receive the
papers as evidence in the court.
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