director of public prosecutions vs shaban mmasa jamal and 7 others 2021 tzhc 7404 1 december 2021

director of public prosecutions vs shaban mmasa jamal and 7 others 2021 tzhc 7404 1 december 2021

Given the seriousness of the terrorism charges, credible threats to witness safety, and the legal framework permitting such measures, the court finds it just and necessary to grant the requested witness protection orders to ensure the safety of witnesses and the integrity of the proceedings.

Citation
director of public prosecutions vs shaban mmasa jamal and 7 others 2021 tzhc 7404 1 december 2021
Parties
Applicant: Director of Public Prosecutions; 1st Respondent: Shaban Mussa @ Mmasa @ Jamal; 2nd Respondent: Athuman Hussein Mmasa; 3rd Respondent: Mohamed Nuru @ Muhaka; 4th Respondent: Jafari Hashim Lema; 5th Respondent: Abdul Mohamed Humud Salim @ Wagoba; 6th Respondent: Said Maiko Temba @ Saidi Mabreka; 7th Respondent: Aman Mussa & Pakasi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 December 2021
Procedural Posture
Miscellaneous Criminal Application / Ruling on Ex Parte Application for Witness Protection Orders
Outcome
Application allowed
Legal Topics
Witness Protection, Non Disclosure Orders, Video Conferencing Testimony, Fair Trial Rights
Source Language
English
Criminal Law Anti Terrorism Law Criminal Procedure Witness Protection Non Disclosure Orders Video Conferencing Testimony Fair Trial Rights

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Parties

Director of Public Prosecutions

Applicant

Shaban Mussa @ Mmasa @ Jamal

1st Respondent

Athuman Hussein Mmasa

2nd Respondent

Mohamed Nuru @ Muhaka

3rd Respondent

Jafari Hashim Lema

4th Respondent

Abdul Mohamed Humud Salim @ Wagoba

5th Respondent

Said Maiko Temba @ Saidi Mabreka

6th Respondent

Aman Mussa & Pakasi

7th 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 identity, video testimony, and related orders in a terrorism case

Ratio Decidendi

Given the seriousness of the terrorism charges, credible threats to witness safety, and the legal framework permitting such measures, the court finds it just and necessary to grant the requested witness protection orders to ensure the safety of witnesses and the integrity of the proceedings.

Court Disposition

Application allowed

Orders

  • Witnesses' testimony to be given through video conference in accordance with the Evidence Act Cap. 6 Revised Edition 2019.
  • Non-disclosure of identity and whereabouts of the witnesses for security reasons during committal and trial proceedings.