REPUBLIC VS YUSUPH OMARY SELEMANI CRIMINAL SESSIONS CASE NO 21122 OF 2024
The postmortem examination report is inadmissible because it was neither read nor supplied during committal proceedings, and no notice was given for its admission as additional evidence, contrary to Sections 246(2) and 289(1) of the Criminal Procedure Act.
- Citation
- REPUBLIC VS YUSUPH OMARY SELEMANI CRIMINAL SESSIONS CASE NO 21122 OF 2024
- Parties
- Prosecution: Republic; Accused: Yusuph Omary Selemani
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2024
- Procedural Posture
- Criminal Sessions Case / Ruling on Evidentiary Objection During Trial
- Outcome
- Objection upheld; document rejected as inadmissible.
- Legal Topics
- Admissibility of Evidence, Committal Proceedings, Fair Hearing, Notice for Additional Evidence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Republic
Prosecution
Yusuph Omary Selemani
Accused
Procedural Posture
Criminal Sessions Case / Ruling on Evidentiary Objection During Trial
Legal Issues
- 1 Whether a postmortem examination report not read or supplied during committal proceedings is admissible at trial
Ratio Decidendi
The postmortem examination report is inadmissible because it was neither read nor supplied during committal proceedings, and no notice was given for its admission as additional evidence, contrary to Sections 246(2) and 289(1) of the Criminal Procedure Act.
Court Disposition
Objection upheld; document rejected as inadmissible.
Orders
- The postmortem examination report is rejected and inadmissible in terms of Sections 246(2) and 289(1) of the Criminal Procedure Act.
Full Case Text
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