PEDITO ONE
Failure to comply with the mandatory steps in the Chief Justice Guidelines, specifically regarding voluntariness and free agency, renders the extrajudicial statement inadmissible.
- Citation
- PEDITO ONE
- Parties
- Prosecution: Republic; Accused: Pedito Herman Ilimu
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 18 February 2025
- Procedural Posture
- Criminal / Ruling on Preliminary Objection
- Outcome
- preliminary objection sustained
- Legal Topics
- Murder, Admissibility of Extrajudicial Statements, Compliance With Chief Justice Guidelines, Voluntariness of Confession
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 1 Authorities cited 5 Party arguments 2
Parties
Republic
Prosecution
Pedito Herman Ilimu
Accused
Procedural Posture
Criminal / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the extrajudicial statement was taken in compliance with Chief Justice Guidelines
- 2 Whether the accused gave the statement voluntarily as a free agent
Ratio Decidendi
Failure to comply with the mandatory steps in the Chief Justice Guidelines, specifically regarding voluntariness and free agency, renders the extrajudicial statement inadmissible.
Court Disposition
preliminary objection sustained
Orders
- Extrajudicial statement recorded by PW11 is not admitted in evidence.
- Right of appeal explained.
Full Case Text
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