thoroughly examined, prior to a guilty verdict being declared.39 Furthermore, that where an alibi of defence is established with certainty, it can be decisive on the determination of the guilt of the accused.40 100. A perusal of the records on file indicates that counsel for the Applicant informed the Court, during the preliminary hearing on 25 November 2011, that he intended to call only one witness, who was the accused himself. Subsequently, during the main trial, the Applicant informed the court that he intended to summon one witness, who was admitted at the hospital. However, his counsel informed the court that he would be summoning the doctor who treated the Applicant and filled in the PF3 form. Counsel observed that the doctor was not on the list of witnesses provided during the preliminary hearing and prayed the courts indulgence to summon him. The prayer was granted and an order issued by the Court. 101. This Court observes that the trial court considered the Applicant’s request to examine witnesses whose names were not listed on the list of witnesses to be examined during the pre-liminary hearing. The court made an order that the witness proposed by Applicant’s counsel should be summoned to provide testimony and he did so. Since the Applicant was being represented by counsel, it is presumed that counsel was apprised of the facts and the case and acted in his client’s best interest. Furthermore, the Applicant did not complain the counsel was acting contrary to his wishes. This Court also observes that the Respondent State has a well-established law, i.e., Section 194(4), (5) and (6) of the Criminal Procedure Act [Cap 20 R.E 2002] of Tanzania, that provides for the use of the defence of alibi within its domestic system, which the Applicant did not utilise. Records on file reveal that the Applicant did not provide any justification as to why he did not comply with the laid-out procedures and timelines in raising his defence of alibi, and neither did his lawyer. 39 40 Abubakari v. Tanzania (merits), supra, §§ 191-192. Ibid, § 191. 29