All about hostile witness in Tanzania. who is a hostile witness?, what to be done when a witness turns hostile?, Value of the evidence of a hostile witness.

 

WHO IS A HOSTILE WITNESS?

A hostile witness refers to an individual who, through their testimony, conduct, attitude, or demeanor, appears to exhibit bias against the party who called them as a witness or demonstrates a reluctance to tell the truth[1]. The term "hostile" in this context does not necessarily imply a personal animosity between the witness and the party calling them, but rather suggests an adverse or uncooperative stance. A hostile witness is typically characterized by actions such as providing false information or deliberately altering their previous statements. Their demeanor and behavior during the proceedings may clearly indicate a bias against the party who called them as a witness. This bias can manifest through aggressive or uncooperative behavior, evasive answers, intentional misrepresentations, or a general lack of cooperation. The concept of a hostile witness is significant in legal proceedings as it raises concerns about the credibility and reliability of the testimony provided. When a witness exhibits signs of hostility, it may suggest a lack of impartiality and raise doubts about the accuracy of their statements. This can impact the weight given to their testimony by the court or tribunal.

The designation of a witness as hostile may have various implications for the party calling them. It can potentially allow the examining party to ask leading questions, which are typically not allowed during examination in chief, in order to challenge the witness's credibility or to elicit more forthright responses. The purpose is to reveal inconsistencies, contradictions, or ulterior motives that may undermine the witness's credibility or the veracity of their testimony.

WHAT TO BE DONE WHEN A WITNESS TURNS HOSTILE IN PROCEEDINGS

A witness who turns hosting in the middle of proceedings can be treated as a hostile witnessed and the calling party may seek leave of the court under section 163 of the Law of Evidence Act[2] to cross-examine him or her so as to discredit elicited facts.

Also, impeachment is another way that an advocate may use when a witness turns hostile. If the witness contradicts their earlier statements or provides false information, their credibility can be challenged. This can be achieved by presenting evidence such as prior inconsistent statements, documents, or testimonies that undermine the hostile witness's version of events. In some cases, witnesses turn hostile not on their own accord or behavior, but due to the limited knowledge of the law and others forgets what they said earlier or what they have been directed to say by an advocate. In this case, an advocate may ask a court to permit a witness to refresh memory as provided under section 168 of The Law of Evidence Act[3].

VALUE OF THE EVIDENCE OF A WITNESS DECLARED HOSTILE

When a witness is treated as hostile, it means that their credibility and reliability are called into question. As a result, their testimony is often viewed as lacking credibility and is given little or no weight. The reason for treating the evidence of a hostile witness as unworthy of credit is due to their perceived unreliability.

In the case of Alowo vs. Republic[4], the Court of Appeal for East Africa provided insight into the basis for allowing a witness to be treated as hostile. The court stated that the key factor in granting permission to treat a witness as hostile is the existence of a conflict between the witness's current testimony and their earlier facts. This conflict serves to demonstrate the witness's unreliability, which in turn renders their evidence insignificant or negligible. The underlying principle is that when a witness displays inconsistencies of their story, it raises doubts about their truthfulness and reliability. This inconsistency undermines their credibility as a witness, making their testimony less persuasive or reliable in the eyes of the court or tribunal.

It's important to note that the treatment of a witness as hostile and the assessment of their credibility ultimately rest with the court or tribunal. The court examines the evidence presented, considers the witness's demeanor, consistency, and any conflicting statements, and determines the weight and credibility to be assigned to their testimony.

BIBLIOGRAPHY

CASE LAWS

Alowo vs. Republic [1972] E.A.324

LEGISLATIONS

The Law of Evidence Act [CAP. 6 R.E. 2019] s. 163

OTHER SOURCES

Tanzanianweb, “A hostile witness”, https://www.tanzanianweb.co.tz/2021/06/a-hostile-witness.html accessed June 20, 2023

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[1] Tanzanianweb, “A hostile witness”, https://www.tanzanianweb.co.tz/2021/06/a-hostile-witness.html accessed June 20, 2023

[2] The Law of Evidence Act [CAP. 6 R.E. 2019] s. 163

[3] ibid

[4] Alowo vs. Republic [1972] E.A.324