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Tanzania decisions
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The chain of custody of Exhibit P5 was not maintained due to missing evidence regarding its handling by P/C Hemed, and key prosecution witnesses failed to identify the exhibit in court, creating reasonable doubt and fatal irregularity in proof of the offence.
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The High Court acquitted two accused of trafficking khat after finding material contradictions and gaps in the prosecution’s chain of custody evidence.
The High Court convicted Lonie Lionel Rayford of trafficking heroin after finding the prosecution proved the drug charge, chain of custody, and lawful seizure.
The High Court convicted two accused of trafficking in 20.24 kg of heroin, upheld emergency search and seizure, and sentenced both to life imprisonment.
The High Court acquitted two accused persons of trafficking narcotic drugs, finding doubts over recovery, witness evidence, and broken chain of custody.
The High Court held it was functus officio on the forfeiture of a Toyota Land Cruiser and struck out that item, while treating the affidavit objection as a merits issue.
The prosecution proved beyond reasonable doubt that the first and second accused trafficked 351 kg of cannabis sativa, with chain of custody maintained and expert evidence confirming the narcotic nature of the substance. The third accused was not proven to have committed trafficking as defined by law.
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The prosecution proved beyond reasonable doubt that the accused trafficked 2.49 kg of heroin, as he was identified as the owner of the bag containing the drugs, the chain of custody was not broken, the search and seizure were lawful due to emergency, and minor discrepancies in testimony did not affect the core facts.
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Appeal against a narcotics trafficking conviction failed. The Court held the evidence discrepancies were minor, the chain of custody was intact, and life imprisonment was proper.
The discrepancies in weight and colour of the seized substance were minor and did not affect the integrity of the evidence or the chain of custody. The appellant failed to challenge the prosecution case at trial, and the evidence established her guilt beyond reasonable doubt. The law mandates life imprisonment for trafficking in narcotic drugs under the DCEA, which overrides the lesser penalty under the EOCCA due to the statutory proviso.
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