Towers of justice
Towers of justice
1
The time has struck 9:30 AM. The counsel tables, positioned below the imposing bench, are already filled with attorneys from both sides. They exchange lighthearted jokes, their laughter mingling with the murmurs of the packed courtroom. Everyone is waiting for the arrival of the presiding judge, the Honorable Benyanga.
Yahaya and the others stand accused of orchestrating the gruesome killing of his ex-wife, Taonga, a banker. Her lifeless body had been found in June, slumped in her company car near Penyenye. The accused, seated together in the witness stand, are cloaked in dark hoods and masks, shielding their identities from the crowd.
The state’s case hinges on the testimony of Mr. Rogers, a seasoned network expert who studied at Poly and sharpened his skills in the UK. Known for his mastery of mobile tower communications, he has been called to present crucial evidence about call logs that allegedly implicate the accused.
Today, the courtroom’s attention is focused on Lead Defense Lawyer Chazizwa Nkhwachi, a respected figure in legal circles who has earned himself the prestigious title of Senior Counsel, or SC.Known for his sharp arguments, his peers speak of him with admiration, often referring to him simply as 'the SC'—a mark of both respect and camaraderie.
He has over 30 years of litigation experience and once served as Attorney General for a decade during the Mzwawa Party's reign, before their loss in the 2011 elections. He is renowned for grueling cross-examinations, which have reduced even the most confident witnesses to sweat.
Now, as he prepares to confront Mr. Rogers—the fourth witness in this trial—no one in the courtroom knows what to expect.
Suddenly, the court clerk rises and calls out, “All rise!”
The chatter ceases immediately as the Honorable Judge enters through the door behind the bench, a commanding presence in his formal judicial robes. In one hand, he carries a bulky file.
Reaching his seat, Judge Benyanga settles with authority, his expression unreadable.
He surveys the room briefly before giving a slight nod, signaling everyone to sit.
“Good morning,” he says, in commanding voice.
“This court is now in session.”
He scans the room once more, his eyes settling briefly on each party.
He turns to the clerk. “Call the case.”
The clerk stands, announcing, “Case number 204/24, State versus Yahaya….”
The Honorable Benyanga nods again.
“Are all parties present?”
“Yes, Your Honor,” came the chorus of replies from both sides of the state and defense.
“Very well,” the judge continues.
“Let us proceed. Counsel for the prosecution, how are we moving today.”
The senior advocate,Masida stands up.
"My Lord,today,the state has only one witness to parade. He is here, already."
Then he proceeds to invite Mr. Rogers to the witness box.
Mr. Rogers stands up and walks confidently to the witness box.
Before he could take the oath, the prosecutor addresses him.
“Mr. Rogers, please introduce yourself and your qualifications to the court for the court records.”
He clears his throat and speaks.
“My name is Mr. Rogers. I am an expert in Tower Communications and hold a master's degree in the field from the University of Jakwa,UK. I specialize in the analysis and management of communication infrastructure, including call logs and network optimization."
“With over 15 years of experience in the field, I’ve worked on numerous projects involving telecommunications towers and data analysis for major service providers. I am currently working with Jiartel as a Tower Communications Consultant.”
The prosecutor nods in acknowledgment.
“Lift your right hand and follow after me,” says the court clerk.
"I, Rogers do swear to tell the truth, the whole truth, and nothing but the truth."
2
The judge leans back in his chair and gives a slight nod to the defense table.
“Counsel Nkhwachi,” the judge says, “you may start your cross-examination.”
Nkhwachi, a tall lawyer with a composed demeanor, rise from his seat. He straightens his jacket and approach the witness stand with measured steps, a calm smile on his face.
"Sorry, counsel, how much time do you anticipate needing with this fourth witness?"
"Less than six hours, my Lord," he says.
The judge tapped a finger lightly against the bench.
"Ok. Proceed."
“Good morning, Mr. Rogers,” Nkhwachi begins,“I hope you’re feeling comfortable up there.”
The witness, in his late 40 offers a faint smile in return.
“Good morning counsel. I’m fine.”
“That’s good to hear,” the lawyer replies, reassuring.
“I know it can be a bit nerve-wracking. Let’s take things one step at a time.”
Have you been in court before, ask Nkhwachi.
No sir, he replies.
Before we proceed, let me remind you of something important, he says.
Mr. Rogers nods anxiously.
“You are under oath,” Nkhwantha continues.
“That means you are legally bound to tell the truth. Do you understand what that entails?”
No, sir, Rogers replies.
Nkhwachi steps closer, his eyes narrowing slightly.
“Good. Because lying under oath—perjury—is a criminal offense. It could lead to imprisonment. More importantly, it undermines justice and can harm innocent lives.”
“I trust,” Nkhwachi further adds, “that as a man of your expertise and standing, you fully appreciate the gravity of the truth in this court.”
Mr. Rogers swallowed hard. “Yes, sir. I do.”
Nkhwachi gives a small nod.
“Excellent. Let’s proceed.”
He pauses, flipping open a folder on the desk in front of him.
“You have two exhibits here, correct?” he begins.
“Yes, sir,” Rogers answers calmly.
“And how many call logs are we talking about, if you know?”
“Two,” Rogers confirmed.
Nkhwachi paced, locking eyes with the witness.
“Do you understand the charges before this court?”
“Yes, I do. This case concerns the murder of Miss.Taonga ,” he says firmly.
“And where was Miss Taonga killed?”
“Near Penyenye, in June.”
The lawyer leans in.
“Now, Mr. Rogers, explain to the court how my client, Mr. Yahaya, is connected to this crime.”
Rogers adjusts his spectacles, opening the call log book.
“The call logs show multiple interactions between Mr. Yahaya and the other accused on the night of the murder. These were routed through mobile towers near Penyenye, placing them all in the vicinity at the time of the crime.”
Nkhwachi pressed on.
“So, you claim these interactions prove involvement in the murder, right?”
Rogers doesn't flinch.
“The data shows coordination. Payments were traced to Mr. Yahaya’s accounts, tied to activities described as 'jobs.' This suggests facilitation, though he might not have been physically at the scene.”
The crowd murmurs right in court. The judge, bangs his gavel.
“Order!” he commands.
“I warn all present: refrain from reacting directly to the proceedings. This is a place of law, and you will follow the proceedings quietly.”
His gaze sweeps through the room, silencing the hushed voices and returning the focus to the matter at hand.
“Mr. Rogers,” Nkhwachi continues, “are you suggesting that the fourth accused used his phone to orchestrate this crime?”
“I am stating the facts as presented in the logs,” Rogers replies.
"You said you are an expert, correct?"
"Yes, I am," replied Mr. Rogers confidently.
Nkhwachi pause, leaning slightly forward.
"Define 'expert' for the court. Or, in your own words, who is an expert?"
Mr. Rogers scratches his head, searching for the right words.
"An expert is a person with specialized knowledge in a particular field of study."
"By your own definition," Nkhwachi pressed, "if you’re to be considered an expert, it would mean you studied tower communications. Agree?"
Mr. Rogers shakes his head.
"No. Even someone who studied general communications can become an expert in tower communications through experience."
The lawyer smiles,faintly.
"Let me rephrase my question. Do you have any formal qualification in tower communications? Yes, or no?"
"Yes," Mr. Rogers replies firmly.
"Show the court," the lawyer demands.
Masida,the state lawyer rise swiftly.
"Objection, My Lord!"
The judge, gestures as the state lawyer continues.
"The counsel has lost focus. This case is not about the witness's qualifications. He is here to provide evidence based on the call logs supplied by the network. My learned colleague should direct his questions to the matter at hand."
“Counsel Nkhwachi,what do you think?”
Nkhwachi stand his ground.
"My Lord, with due respect, the witness has been presented as an expert. This means the court is expected to trust his evidence as fact. I am simply ensuring that the court has a basis to determine his expertise before proceeding."
The judge nodded thoughtfully.
"Objection overruled. Counsel may continue. If clarification is needed, the prosecution can address it during re-examination. Let’s not waste time."
Nkhwachi turns back to the witness.
"Mr. Rogers, is it possible to know how many towers a phone is connected to at any given time?"
"Yes, it is possible," Mr. Rogers affirmed.
"Good," Nkhwachi continued.
"What type of phone are you using?"
"An iPhone 6," Rogers replies.
"And which network is it currently using? Jiairtel or TaneM?"
"Both."
"And you work for Jiairtel, correct?"
"Yes, sir."
Nkhwachi's tone sharpened slightly.
"Now, tell me, is it possible for a network to use more than four towers at once for a single phone?"
Mr. Rogers hesitates.
"Four?" he repeats.
"Yes, four," Nkhwachi confirmed.
"No, it’s not possible."
"Are you certain, or do you have doubts?" Nkhwachi pressed.
"I’m certain," Mr. Rogers replied confidently.
"Fine. Then tell the court—how many towers can be used at one time?"
"Two at most," Rogers explained.
"That’s when the network is transitioning as the user moves from one location to another. The towers interchange."
"Interesting," Nkhwachi says, pacing slightly.
"Now, tell us: how can a person know which tower, or towers their phone is connected to using the phone itself?"
"You would dial a specific code," Rogers answered.
"For example, ****#&5#."
"Let’s test that," The lawyer says, handing him a slip of paper.
"Dial *000000#+, followed by #, on your phone."
Rogers complies, his fingers hesitating only briefly before completing the sequence.
"What does your screen show?" Nkhwachi asks, his tone sturdy.
Rogers glanced at his phone.
"It shows four towers."
“Exactly four towers, correct? “asks the lawyer.
“Yes.”
Nkhwachi pauses for effect, then asks, "And what did you tell this court earlier?"
Silence.No response.
The room grew heavy with silence as the witness's earlier statement echoed in everyone's minds.
Nkhwachi gives the witness an accusatory look.
“Mr. Rogers, moments ago, you confidently told this court that it is not possible for a network to use more than four towers at once.”
“Yet, the phone in your hand shows exactly that. Do you agree that this contradicts your earlier statement, or do you have any way to say it better?”
The witness fidgets, his composure cracking.
“Well, this is a unique instance…”
“Unique?” Nkhwachi interrupts.
“Mr. Rogers, this is not about uniqueness. This is about facts. The fact is that mobile phones can indeed connect to multiple towers simultaneously, isn’t that right?”
Rogers reluctantly nods.
“Yes, in certain cases.”
Do you still regard yourself expert?
“Mm…..” Mr. Rogers can’t open the mouth to retort.
Nkhwantha presses on.
“And would you agree that if you, the so-called expert, were unaware of this basic functionality, it casts doubt on the reliability of the call log evidence you’ve tendered in this court?”
Before Rogers could respond, the prosecution’s lead advocate, Masida, stand once more.
“Objection, my Lord. The defense is attempting to discredit the evidence based on a technicality irrelevant to the case. The logs clearly show interactions near Penyenye, regardless of how many towers were used!”
“Overruled. The defense is entitled to test the credibility of the witness and his evidence. Mr. Nkhwachi, you may continue.”
Nkhwachi turns back to Rogers.
“Mr. Rogers, do you now agree that the accuracy of your testimony about tower connections is questionable, since we have proved that you are not an expert?”
Rogers sighs.
“Yes, it could have been better explained.”
“Thank you,” Nkhwachi said, stepping back.
“No further questions for now, my Lord.”
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