77. The Court notes that the question that arises is whether the domestic courts
assessed
the evidence
in accordance
with guarantees
to the Applicant's
right to a fair trial. It thus recalls that,
[als regards, in particular, the evidence relied on in convicting the Applicant, the
Court holds that it was indeed not incumbent on it to decide on their value for
the purposes of reviewing the said conviction.
It is however of the opinion that
nothing prevents it from examining such evidence as part of the evidence laid
before
it so
as
to ascertain
in general,
whether
consideration
of the said
evidence by the national Judge was in conformity with the requirements of fair
trial within the meaning of Article 7 of the Charter in particular. 8
78.The Court has held that it would
intervene regarding the assessment of
evidence by domestic courts only if such domestic assessment resulted in
a miscarriage of justice.*® In the instant case, the Court notes that, as per
the Judgment of the Court of Appeal, the Applicant raised three grounds in
his appeal,
namely:
that the offence was
not proven
doubt; the credibility of the Prosecution witnesses was
beyond
reasonable
not assessed; and
the lack of consideration of the fact that PW3 was the one who persuaded
PW1
and
PW2
to trump up the case against him in order to avenge
past
disagreements between them.
79. The Court notes that the Applicant alleges that the investigating officer, the
police officer and doctor who filled out the PF3 were not called as witnesses
during the trial. He argues that this meant that the burden of proof was
shifted to the defence contrary to Section 110(2) of the Evidence Act.
80.The
Court
domestic
notes
that these
are elements
courts and that there is no reason
examination
that were
examined
by the
for it to interfere with that
since these are evidentiary details, the assessment
of which
an international court should intervene in only if it constitutes a situation of
18 Mohamed Abubakari v Tanzania (merits), § 26.
19 Nguza Viking and Another v Tanzania (merits), § 89.
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