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Tanzania decisions
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Given the credible evidence of threats and intimidation against prosecution witnesses, their close relationship to the respondents, and the existence of a criminal syndicate, the court finds it necessary and lawful to grant protection measures under section 188 of the Criminal Procedure Act to ensure the safety of witnesses and the integrity of the trial.
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Given the credible threat to prosecution witnesses and their families, as evidenced by prior violence and ongoing attempts to identify and intimidate witnesses, and in accordance with statutory provisions, the court is justified in granting non-disclosure and protection orders to ensure witness safety and the integrity of the trial.
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Given the seriousness of the charges, the threats to witnesses, and the legal framework supporting witness protection, the court found it necessary to grant non-disclosure of witness identity and related documents, and to conduct committal proceedings in camera, limited to the committal stage. Further protection measures for the trial stage should be sought before the trial judge.
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The High Court granted witness-protection orders in a terrorism-related matter, allowing pseudonyms, redactions, and in camera proceedings, but refused video testimony at this stage.
The court held that the nature of terrorism offences and credible threats to witness safety justify granting protection orders, including non-disclosure of witness identity, video conferencing testimony, and in camera proceedings, as permitted by Tanzanian law and supported by international and regional legal principles.
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The conviction was quashed because the evidence of the child witness (PW4) was recorded in contravention of section 127(2) of the Evidence Act, rendering it valueless; without this evidence, the remaining prosecution evidence was insufficient to sustain the conviction.
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The High Court quashed the conviction for procedural irregularities in a sexual offence trial and ordered a retrial before another competent magistrate.
The Court of Appeal of Tanzania allowed a rape appeal, quashed the conviction, and set aside a 30-year sentence after finding the prosecution evidence unreliable.
On second appeal, the Court of Appeal upheld a conviction for an unnatural offence, finding procedural irregularities non-fatal and the evidence sufficient.
Despite procedural irregularities, the credible and straightforward evidence of the child victim, corroborated by circumstances and identification, established the appellant's guilt beyond reasonable doubt. The procedural omissions did not occasion a miscarriage of justice and were curable. The conviction and sentence were upheld.
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