director of public prosecutions vs abdi sharif hassan msomali and another 2020 tzhc 930 19 may 2020

director of public prosecutions vs abdi sharif hassan msomali and another 2020 tzhc 930 19 may 2020

Given the serious nature of the offences, the organized crime context, and the actual and perceived threats to witnesses and their families, the court finds it necessary and lawful to grant non-disclosure of witness identities and statements, and to provide summaries of evidence to the accused without revealing identifying information, in accordance with section 188 of the Criminal Procedure Act. Requests for in camera proceedings and video conferencing are premature and should be addressed at trial stage.

Citation
director of public prosecutions vs abdi sharif hassan msomali and another 2020 tzhc 930 19 may 2020
Parties
Applicant: Director of Public Prosecutions; 1st Respondent: Abdi Sharif Hassan @ Msomali; 2nd Respondent: Mohamed Ibrahim Juma @ Lulange
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 May 2020
Procedural Posture
Miscellaneous Criminal Application / Ruling on Ex Parte Application for Witness Protection Orders
Outcome
Application allowed in part
Legal Topics
Witness Protection, Disclosure, Fair Trial, Terrorism, Organized Crime
Source Language
English
Criminal Law Criminal Procedure Witness Protection Disclosure Fair Trial Terrorism Organized Crime

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Parties

Director of Public Prosecutions

Applicant

Abdi Sharif Hassan @ Msomali

1st Respondent

Mohamed Ibrahim Juma @ Lulange

2nd Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Ex Parte Application for Witness Protection Orders

Legal Issues

  1. 1 Whether the court should grant witness protection measures including non-disclosure of witness identities and statements in a terrorism-related criminal case
  2. 2 Whether trial proceedings should be conducted in camera or via video conferencing for witness security

Ratio Decidendi

Given the serious nature of the offences, the organized crime context, and the actual and perceived threats to witnesses and their families, the court finds it necessary and lawful to grant non-disclosure of witness identities and statements, and to provide summaries of evidence to the accused without revealing identifying information, in accordance with section 188 of the Criminal Procedure Act. Requests for in camera proceedings and video conferencing are premature and should be addressed at trial stage.

Court Disposition

Application allowed in part

Orders

  • Non-disclosure of the identities and whereabouts of intended witnesses in PI No. 103 of 2015, including their names and locations.
  • Non-disclosure of witness statements and documents likely to lead to identification of witnesses during committal proceedings.