kilimasera
JF-Expert Member
- Dec 2, 2009
- 3,068
- 268
AN official with the National Kiswahili Council (Bakita), Mr Noel Kalekezi (52), today refused to testify in English Language against 36 foreigners charged with illegal fishing, forcing the High Court to adjourn the hearing session to next Monday.
The prosecution, led by State Attorneys Biswalo Mganga and Deo Nangela, had called the official as their first witness in the case in which the foreigners, who are crew members of MV Tawariq 1 are accused of illegal fishing of fish worth 2bn/-.
When the case was called for hearing before Judge Razia Sheikh, State Attorney Nangela started leading the witness in his Kiswahili testimony, but a defence counsel, Mr John Mapinduzi, raised an objection and asked the court to direct him to give evidence in English.
The judge asked the witness in which language he was comfortable to use, but the latter preferred to use Kiswahili Language. The advocate queried further why the witness should use Kiswahili now while he recorded his statement in English and is a holder of two Master Degrees.
State Attorney Mganga intervened, telling the court that it would not be proper and fair to force the witness to give evidence in a language he is not comfortable with. Otherwise we will not meet the ends of justice, the state attorney said.
To end of the tag of war between the two sides, the judge decided to adjourn the case to March 29 and ordered an interpreter should be sought, because it was the right of the accused to understand the court proceedings to ensure justice was done to both parties.
In the case, the accused are charged with illegal fishing of various types of fish valued at 2,074,240,000/- within the Exclusive Economic Zone of the United Republic of Tanzania on March 8, last year.
Most of the sailors are not conversant with English language. Fifteen of the crew in the vessel intercepted by a South African Patrol boat are Chinese, five Vietnamese, eight Philippines, three Kenyans and five Indonesians.
It is alleged that on March 8, last year, within the Exclusive Economic Zone of Tanzania, the accused were caught fishing without valid licence, contrary to section 18 (1) of the Deep Sea Fishing Authority.
Captain Hsu Chin Tai is accused of erasing fishing track on the Global Position System (GPS) platter, with the intention to cancel the information of fishing vessel movement and activities.
The prosecution, led by State Attorneys Biswalo Mganga and Deo Nangela, had called the official as their first witness in the case in which the foreigners, who are crew members of MV Tawariq 1 are accused of illegal fishing of fish worth 2bn/-.
When the case was called for hearing before Judge Razia Sheikh, State Attorney Nangela started leading the witness in his Kiswahili testimony, but a defence counsel, Mr John Mapinduzi, raised an objection and asked the court to direct him to give evidence in English.
The judge asked the witness in which language he was comfortable to use, but the latter preferred to use Kiswahili Language. The advocate queried further why the witness should use Kiswahili now while he recorded his statement in English and is a holder of two Master Degrees.
State Attorney Mganga intervened, telling the court that it would not be proper and fair to force the witness to give evidence in a language he is not comfortable with. Otherwise we will not meet the ends of justice, the state attorney said.
To end of the tag of war between the two sides, the judge decided to adjourn the case to March 29 and ordered an interpreter should be sought, because it was the right of the accused to understand the court proceedings to ensure justice was done to both parties.
In the case, the accused are charged with illegal fishing of various types of fish valued at 2,074,240,000/- within the Exclusive Economic Zone of the United Republic of Tanzania on March 8, last year.
Most of the sailors are not conversant with English language. Fifteen of the crew in the vessel intercepted by a South African Patrol boat are Chinese, five Vietnamese, eight Philippines, three Kenyans and five Indonesians.
It is alleged that on March 8, last year, within the Exclusive Economic Zone of Tanzania, the accused were caught fishing without valid licence, contrary to section 18 (1) of the Deep Sea Fishing Authority.
Captain Hsu Chin Tai is accused of erasing fishing track on the Global Position System (GPS) platter, with the intention to cancel the information of fishing vessel movement and activities.
