89. As already noted in paragraph 79 above, the Parties submitted the same arguments made under the alleged violation of the right to dignity. In view of this, the Court will not belabour the consideration of this claim. It suffices to state that the records reveal that the Court of Appeal of Tanzania ascertained through a voir dire, that the Applicant’s caution statement was recorded freely without the use of force and this was collaborated by witness statements. The voir dire resulted into the caution statement being admitted as part of the evidence. 90. This Court previously held in the Matter of Mohamed Abubakari v. United Republic of Tanzania, that a fair trial requires that where a person faces a heavy prison sentence, that person must be convicted on strong and credible evidence.34 91. The Court notes that, as records on file illustrate, the evidence relied upon by the High Court was the caution statement, collaborated testimonies from 4 witnesses and 3 exhibits including the Medical Examination Report as well as the Applicant’s testimony. This Court further notes that both the High Court and the Court of Appeal concluded that there was sufficient evidence to prove beyond a reasonable doubt that the Applicant committed the crime for which he was charged. 92. The Court observes from the records that the issue of circumstantial evidence provided by PW1 was duly analysed by the High Court.35 The High Court observed that the contradictions raised by the Applicant regarding the date of disappearance and date of death of the deceased called into question his singular knowledge of the events leading to the murder and cast doubt on his innocence, in essence implicating him. The Court also observes that the allegation that the case was not proved beyond a reasonable time because of the Applicants previous record as a thief is not justified because it was never brought up during the trial. Consequently, this Court finds that the Applicant has failed to demonstrate how the Respondent 34 35 Abubakari v. Tanzania (merits), supra, §§ 191-192. See page 14 to 16 of the High Court Judgment. 26

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