57. The Applicant further argues that where an accused contradicts his statements
ab initio, the Court must determine the voluntary nature of the said statements
prior to admitting them in evidence. He avers that reliance on the statements
contested by the Applicant to justify a conviction constitutes a violation of the
principle of presumption of innocence set out in Article 7 (1) (b) of the Charter.
58.
The Respondent State disputes the Applicant's allegations, pointing out that the
Applicant should provide proof to support his claim. According to the Respondent
State, the statements made by the Applicant while in detention were compliant
with the Criminal Procedure Act Chapter 20 of the Laws of Tanzania and their
evidentiary value has been legally admitted and corroborated in accordance with
the law of evidence.
***
59.
The Court notes that the record before it shows that the Applicant contested his
indictment at the High Court.
60.
The Court finds, however, that the Applicant claims that there were procedural
defects during his interrogation but does not satisfactorily explain how and
whether these irregularities vitiated the decicion against him.
61.
For the above reasons, the Court relying on the record, holds that the allegation
in respect of irregularities in the charge sheet is not established"
The allegation relating to an error in law with regard to the testimony of
Prosecution Witness 1
62.
The Applicant alleges that the Trial Judge and the Appelate Judges relied on the
statements of Prosecution Witness 1 (PW1) obtained by a police officer acting in
lieu of a Criminal Investigation Police Officer who showed up at the crime scene
for the purpose of investigation, in breach of the procedure in this respect.
The Respondent disputes these allegations and submits that the Applicant has
rovided irrefutable proof.
15
I