0013s 8
81.|n the present case, the Court observes that the main question arising,
regarding both issues of visual identification and the role of a single police
officer raised by the Applicants, is whether domestic courts arrived at the
conviction, and subsequent sentencing, in line with standards set out earlier. ln
that respect, this Court notes that those issues were examined by the High
Court in its judgment dated 25 November 20'11 as reflected at pages 34 to 37
of the said decision. The High court examined all evidence tendered and found
them credible. Besides, the Applicants do not refer to any provision
in
Tanzanian domestic law proscribing the involvement of a single police officer
in criminal investigations.
82.This Court also notes that, in its judgment dated 22March 2013, the Court of
Appeal stated the issue of identification of the Applicants as being the main one
for determination in the appeal case.17 The Court of Appeal then proceeded
with a substantial examination based on the facts and applicable Tanzanian
case-law on identification, including reliance on a single witness, and use of
visual identification.ls The court arrived at the conclusion that the prosecution
had established to the standards required under the law that the Applicants
killed the deceased, and that the trial court could not be faulted in its finding.te
83. This
court finally observes that the court of Appeal examined the issue whether
the conviction was supported by the evidence on record. ln that respect, while
acknowledging that the trial judge did not enter a conviction before passing
sentence, the court of Appeal used its discretion under section 389 of the
criminal Procedure Act to correct the irregularities being complained of.
Notably, the court of Appeal did so after determining that the error in question
did not occasion a miscarriage of justice.zo
17
See Ally Raiabu and Others v. The Repubtic, Criminal Appeal No. 43 ol 2012, Judgment of the Court
ofAppeal, 22March 2013, page 5.
18
/brd, pages 9-1 5.
1s
lbid, page 15.
lbid, pages 15-17
20
24
&