000506
58.
The Court reiterates its position according to which, it held that:
".
..
domestic courts enjoy a wide margin of appreciation in evaluating the probative
value of a particular evidence, and as an international court, this court cannot take
up this role from the domestic courts and investigate the details and particularities
of evidence used in domestic proceedings.42
59.
The Court notes from the record that the domestic courts examined the evidence
tendered by the prosecution and determined that the Applicant's identification by
the witnesses was at most, hearsay and that the cautioned statement of the
Applicant was not taken lawfully. The domestic courts therefore disregarded the
evidence relating to the Applicant's identification and his cautioned statement,
since these did not comply with the requirements set down in jurisprudence. The
court further notes that the issue was determined in favour of the accused, who
is the Applicant before this Court.
60. The Court finds that the manner in which the domestic
courts evaluated the
evidence relating to the Applicant's identification and the disregarding of his
cautioned statement does not disclose any manifest error or miscarriage of
justice to the Applicant. The Court therefore dismisses this allegation.
ii- Allegation relating to the Applicant's conviction and sentence
61.
The Applicant alleges that, in view of the prosecution's evidence on the stolen
properties, the court of Appeal ought to have altered his offence from armed
robbery to theft and convicted him of this lesser charge which carried a lesser
sentence, rather than uphold his conviction for armed robbery and sentence of
thirty (30) years' imprisonment.
62. The Applicant
adds that the doctrine of recent possession was not properly
invoked by the prosecution because the domestic courts did not consider the fact
that the Applicant, as a canoe fisherman, could possess the same material that
12 Application
No.032/2015. Judgmentof 21103/2018 (Merits), Kijijilsiaga v United Repubticof Tanzania
s 65.
17
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