63.For
the
above
reasons,
the
Court
finds
that
the
Applicant’s
claim
is
unfounded and is consequently, dismissed.
iii.
Alleged defective charge sheet
64. The Applicant alleges that the charge sheet was defective, it was at variance
with the evidence
prosecutor.
The
and
was
neither stamped
Respondent
State
nor signed
disputes
this
by the
allegation
public
without
substantiation.
eK
65.The
Court notes
assessment
that the main
issue
for determination
of the prosecution’s evidence
is whether
the
against the Applicant complied
with the international standards required by Article 7(1) of the Charter, which
provides that “Every individual shall have the right to have his cause heard’.
The Court considers that such a determination falls within the competence
of the domestic courts when they examine the various pieces of evidence
that constitute proof of commission of an offence. The Court's intervention
will only be necessary where there are irregularities in the domestic courts’
determination resulting in a miscarriage of justice."”
66. The Court notes that the High Court found the admission of PF3 into the
evidence was
irregular because
it contravened
the procedure
provided
under Section 240 (3) of the CPA but that this irregularity was not fatal to
the prosecution’s case. Furthermore, the Court notes that as already stated
in paragraphs 61 and 62 of this judgment, the Court of Appeal also found
that
these
irregularities
did
not
have
any
adverse
impact
on
the
prosecution’s case given that the main testimony to prove the case came
from the victim herself.
17 Nguza Viking (Babu Seya) and Johnson Nguza (Papi Kocha) v United Republic of Tanzania (merits)
(2018) 2 AfCLR 287, § 89.
18