evidence. That is the purport of the right to the presumption of innocence
also enshrined in Article 7 of the Charter.”10
50. Even though the Applicant raised concerns regarding the handling of
evidence and the discrepancies in the testimonies of the prosecution
witnesses; from the record, the Court of Appeal noted that they could not
interfere with the findings of the trial Court unless there was “misdirection”
as the trial court was better placed to decide on matters of evidence.
51. Furthermore, the Court of Appeal found that even though there were some
slight inconsistencies in the testimonies of the prosecution witnesses in
relation to the words uttered by the Applicant, the substance of their
testimonies were consistent, that the Applicant had used derogatory words
towards the victim, a person with albinism, to the effect that the villagers
could generate wealth from the sale of her body parts and, he subsequently
killed her by using a machete.
52. The Court further notes that the Applicant was represented by counsel
during the trial and on appeal, indicating that he was given the opportunity
to defend himself. Additionally, the Court of Appeal, addressed each point
raised by the Applicant’s counsel, and relied on DNA evidence,
corroborated by eyewitness testimony, to establish the guilt of the Applicant.
The Court of Appeal therefore concluded that that the evidence adduced by
the prosecution was credible and proved beyond a reasonable doubt that
the Applicant killed the victim.
53. In light of the foregoing, the Court finds that the manner in which the
domestic proceedings were conducted does not disclose any manifest error
or miscarriage of justice.
10
Abubakari v. Tanzania (merits), supra, § 174; Diocles Williams v. United Republic of Tanzania (merits
and reparations) (21 September 2018) 2 AfCLR 426, § 72. Majid Goa v. United Republic of Tanzania
(merits and reparations) (2019) 3 AfCLR 498, § 72.
12