emmanuel john mollel vs the republic 2023 tzhc 22849 17 november 2023
The trial court's failure to inform the appellant of his right to recall witnesses after amendment of the charge was a fatal irregularity that vitiated the proceedings. Additionally, the evidence of the child victim was improperly admitted as the promise to tell the truth was not recorded in the witness's own words. With the exclusion of this evidence, the remaining prosecution evidence was insufficient to prove the appellant's guilt beyond reasonable doubt.
Source excerpt
- Unnatural offence
- Procedure on amendment of charge
- Child witness evidence
- Standard of proof
- Right to fair trial