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procedures laid down by the laws of the land were adhered to, othenvise, the Court
would vest itself with appellate powers which are not granted to it by the Charter, the
Protocoland the Rules.
63.
The Respondent state argues that, the Applicant's allegations require the
Court to assess the manner in which its domestic courts evaluated evidence. ln this
regard, the Respondent State submits that during the course of the Applicant's trial,
five prosecution witnesses testified and five exhibits were tendered and the Applicant
entered his defence after he was given adequate time to prepare it. According to the
Respondent State, it is after carefully examining all the evidence, including that of
visual identification, that the Trial Court convicted the Applicant and the High Court
and the Court of Appeal sustained the conviction.
64.
According
Applicant after
to the
a
Respondent state, the domestic courts convicted the
thorough and appropriate examination of all evidence. The
Respondent state maintains that, the court should defer to the finding of the
domestic courts in circumstances where duly established procedures laid down by
the laws of the land were adhered to.
65.
The court underscores that domestic courts enjoy a wide margin of
appreciation in evaluating the probative value of a particular evidence. As an
international human rights court, the Court cannot take up this role from the domestic
courts and investigate the details and particularities of evidence used in domestic
proceedings.
66.
However, the fact that an allegation raises questions relating to the manner in
which evidence was examined by domestic courts does not preclude the Court from
determining whether the domestic procedures fulfilled international human rights
standards. ln its judgment in the matter of Mohamed Abubakari v. Tanzania, the
Court held that:
"As regards, in particular, the evidence relied on in convicting the Applicant, the
court
holds that, it was indeed not incumbent on it to decide o their value for the purposes
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