20160405 TZCA Tabora

Recording witness evidence in reported speech rather than narrative form is a fatal irregularity under Tanzanian law, requiring expunging of such evidence; in the interests of justice, a retrial is the appropriate remedy rather than acquittal.

Citation: 20160405 TZCA Tabora
Parties: Appellant: Mabula Damalu; Appellant: Makenzi Mihambo @ Kabora; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 5 April 2016
Procedural Posture: Criminal Appeal / Appeal From Conviction and Sentence After Trial
Outcome: appeal allowed; conviction and sentence quashed; retrial ordered
Legal Topics: Murder, Recording of Evidence, Procedural Irregularity, Retrial
Source Language: English

Criminal Law Criminal Procedure Murder Recording of Evidence Procedural Irregularity Retrial

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Parties

Mabula Damalu

Appellant

Makenzi Mihambo @ Kabora

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence After Trial

Legal Issues

1 Whether recording witness evidence in reported speech instead of narrative form is a fatal irregularity under Tanzanian law
2 Whether such irregularity requires expunging the evidence and the appropriate remedy

Ratio Decidendi

Court Disposition

appeal allowed; conviction and sentence quashed; retrial ordered

Orders

All proceedings from the recording of PW1's testimony, judgment, and sentence quashed
Retrial of the appellants before a different judge and assessors ordered as soon as possible