Procuring a prisoner to attend Court as witness
Our company is a defendant in civil suit which is still pending hearing for the defence side. Our key witness is our former managing director who is currently in prison serving a jail term. How can we procure a prisoner to come to Court as our witness?
AK, Morogoro
Section 60 of the Prisons Act [Cap 58 R.E 2002] guides how to serve a witness summons to a prisoner. A party to a civil suit who wishes to call an inmate as a witness in a civil suit is required to make an application to the Court hearing the suit to issue a witness summons to the prisoner. The application for a witness summons is made orally and normally does not require the opposite party to make a reply. After hearing the party applying for a witness summons, the Court usually grants the application and issues a witness summons to the inmate through the prison officer in-charge of the prison where the inmate witness is incarcerated. The summons will show the time and place where the inmate witness is required to attend. The inmate witness will be escorted by a prison officer on his way to Court and back to prison and he is deemed to be under lawful custody during the period he is absent from prison. The prison officer in-charge may direct how to keep the inmate when he is away from prison.