the evidence in the national courts complies with relevant provisions of
international human rights instruments.42
99. Regarding the Applicant’s allegation that his conviction was based on
evidence that is neither strong nor credible, the record before the Court
shows that both the High Court and the Court of Appeal relied on the
evidence of a dying declaration made by the deceased to a number of
people including three (3) prosecution witnesses, coupled with visual
identification.43
100. Regarding visual identification, both the High Court and the Court of Appeal,
after taking cognisance of the dangers of the evidence of visual
identification, were satisfied that PW1 identified the Applicant as the
conditions were favourable. The domestic courts took into account that PW1
knew the accused for quite a long time and he was a familiar face, that he
talked to the accused and his brother at close range and that the incident
happened when it was daylight.44 The same courts further ascertained that
all circumstances of possible mistakes were ruled out and the identity of the
accused person was established with certitude.
101. With regards to the deceased’s dying declaration, the domestic courts
evaluated the evidence of two (2) witnesses, that is, PW2 and PW3 and
were satisfied that the deceased person mentioned the Applicant and his
brother as her assailants.45 From the record, both PW2 and PW3 enquired
from the deceased who her assailants were and she mentioned the
Applicant and his brother, with PW1 also testifying that she heard the
question and the answer by the deceased. Furthermore, both the High Court
42
Kennedy Ivan v. United Republic of Tanzania (merits) (28 March 2019) 3 AfCLR 48, § 61; Elisamehe
v. Tanzania (judgment), supra, § 66 and Jonas v. Tanzania (merits), supra, § 69.
43 The Republic v. Dominick S/O Damian, Criminal Sessions Case No. 61 of 2008, Judgment of the High
Court of Tanzania at Bukoba, 14 December 2012, page 12 and Dominick Damian v. The Republic,
Criminal Appeal No. 154 of 2013, Judgment of the Court of Appeal of Tanzania at Bukoba, 17 March
2014, page 1.
44 The Republic v. Dominick S/O Damian, Criminal Sessions Case No. 61 of 2008, ibid, pages 12-16
and Dominick Damian v. The Republic, Criminal Appeal No. 154 of 2013, ibid, pages 4-5.
45 The Republic v. Dominick S/O Damian, Criminal Sessions Case No. 61 of 2008, ibid, pages 17-19
and Dominick Damian v. The Republic, Criminal Appeal No. 154 of 2013, ibid, pages 5-6.
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