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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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The court held that concealment of witness identities and related materials is necessary, justifiable, and does not violate fair hearing principles, given the threats to witnesses and the statutory provisions allowing such protection.
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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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The conviction and sentence for rape were quashed because the proper charge should have been incest, not rape, given the biological relationship between the accused and the victim. The omission of the sentencing provision in the unnatural offence charge was not fatal and did not prejudice the appellant. Contradictions in prosecution evidence were minor and did not affect the core issue. The appellant was denied a fair trial regarding witness protection, so the evidence of the protected witness and related exhibit were expunged. The conviction and sentence for unnatural offence were upheld as…
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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 court found sufficient grounds for witness protection based on imminent risk to witnesses and their families, and granted the application in accordance with statutory provisions and precedent.
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The first appellant was not proved to have knowledge or control over the government trophy and thus cannot be convicted on constructive possession; the second appellant was found in actual possession and the offence was proved beyond reasonable doubt; the sentence of a fine or imprisonment was illegal and only a custodial sentence is permitted under the law.
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The High Court ordered witness-protection measures in a terrorism-related application, including anonymity, in camera proceedings, and limits on disclosure.
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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