Jun 18, 2021

Mawazo Writing Africa

Writing about the main

Supreme Court closes file on the prosecutor’s appeal for closed door, behind curtain hearing against Jawar et. al; refers file to high court

The case of the defendants on the Jawar Mohamed file has been brought to the Federal Court of Justice, 2nd Appeals Bench, to make a decision on the prosecutor’s appeal to overturn a Federal Court decision on the manner in which the prosecutor will hear witnesses. The judges at the Federal Court of Justice referred the case to the Federal Court of Justice because the public prosecutor had not justified the threat to his witnesses.

It is recalled that the Federal Supreme Court of Lideta Branch, First Constitutional and Anti-Terrorism Bench, previously ruled that the prosecutor’s hearing should take place in open session without revealing the names of his witnesses . The prosecutor appealed to the Supreme Court, arguing that holding witness hearings in open sessions jeopardized the safety of his 146 witnesses.

At today’s hearing, the defendants did not attend the hearing as planned. The court’s order asked them to watch the proceedings on plasma TV. The defendants objected to the decision at the hearing at the beginning of April. However, the defendants did not attend the hearing via plasma TV, and the hearing continued only with the presence of their defense team.

After the decision to hold witness hearings in open sessions, the Federal Supreme Court ruled that the next hearing was suspended until April 28, pending the Supreme Court’s final decision on the prosecutor’s appeal on the implementation of the Witness hearing decided. Today the Supreme Court referred the hearing back to the Federal Court of Justice and closed the file on the prosecution’s appeal.