20041108 TZHC Dar es Salaam

20041108 TZHC Dar es Salaam

Even though the Preliminary Hearing was conducted and admissions made, if the accused alleges she did not understand the contents of the memorandum, the interests of justice require that the facts be proved during trial. The burden of proof in a criminal case remains with the prosecution, and the need to expedite trial cannot override the accused's right to a fair trial.

Citation
20041108 TZHC Dar es Salaam
Parties
Applicant: Tatu Abdalla; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 November 2004
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Direction Regarding Proof of Facts Admitted During Preliminary Hearing
Outcome
Application granted
Legal Topics
Preliminary Hearing, Proof of Facts, Burden of Proof, Admission of Facts
Source Language
English
Criminal Law Criminal Procedure Preliminary Hearing Proof of Facts Burden of Proof Admission of Facts

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Parties

Tatu Abdalla

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Direction Regarding Proof of Facts Admitted During Preliminary Hearing

Legal Issues

  1. 1 Whether facts admitted during Preliminary Hearing must be proved again at trial if the accused alleges lack of understanding

Ratio Decidendi

Even though the Preliminary Hearing was conducted and admissions made, if the accused alleges she did not understand the contents of the memorandum, the interests of justice require that the facts be proved during trial. The burden of proof in a criminal case remains with the prosecution, and the need to expedite trial cannot override the accused's right to a fair trial.

Court Disposition

Application granted

Orders

  • Facts denied by the accused as itemized under item 6 a-c of the sworn affidavit and item 2 of the application to be proved during trial.
  • File referred to the Deputy Registrar to fix session hearing date.