that the judgment of the High Court did not expressly refer to the statement does
not mean it was not used against him.
102. The Respondent State disputes these allegations and avers that the murder was
well investigated in accordance with the provisions of the Criminal Procedure Act.
The Respondent State also claims that the allegations are vague and do not specify
what "core evidence" could have been pursued during the investigation.
103. During the public hearing, the Respondent State concurred that the Applicant was
convicted on the basis of circumstantial evidence but stated that such practice is
common in several jurisdictions and deemed as reliable as other types of evidence.
104. With regard to the statement, the Respondent State alleges that the Applicant
agreed to and signed the same, which he never challenged during the trial or before
the Court of Appeal at which point he was represented by a lawyer. The
Respondent State also avers that this claim is immaterial since the statement was
never relied on by the trial Judge.
-*
105. The Court considers, with respect to whether the investigation was properly
conducted regarding evidence relied on, that, as it has held in the case of Mohamed
Abubakari v. Tanzania, " ... the imposition of a sentence in a criminal offence, and in
particular a heavy prison sentence, should be based on strong and credible evidence".29
106. The Court is of the view that as long as evidence was properly received and
considered, the proceedings and decisions of domestic courts cannot be seen as
encroaching upon fair trial rights. In the instant matter, the Applicant's allegation in
relation to "core evidence" and "extraneous evidence" was considered by the Court
of Appeal and dismissed. In such circumstances, it cannot be said that the
conviction and sentencing were based on an improper investigation especially
where the prosecution proved its case beyond reasonable doubt.
29
Mohamed Abubakari v Tanzania, §§ 174, 193 and 194.
27