20120222 TZCA Mwanza
The appellant was denied the fundamental right to cross-examine the maker of the expert report (Exh. P4), which was the main basis for conviction. The trial court failed to give a broad interpretation of section 205(3) of the CPA and did not ensure procedural fairness, especially as the appellant was unrepresented. Additionally, convictions based on retracted confessions and uncorroborated, inconsistent witness testimony, particularly where torture is alleged, are unsafe and cannot be sustained.
Source excerpt
- Admissibility of expert evidence
- Right to cross-examination
- Procedural fairness
- Confessions under alleged torture
- Corroboration of evidence