evidence. That is the purport of the right to the presumption of innocence
also enshrined in Article 7 of the Charter.”9
53. In the instant case, the Court notes that the issue for determination is
whether the consideration of evidence before the domestic courts was in
accordance with the requirements of a fair trial. In this regard, the Court
notes from the record that the Applicant was represented by counsel, Mr
Nathan Alex, and was given the same opportunity to present his case as
the prosecution. At the conclusion of the defence case, the judge found that
the prosecution had proven its case through the testimonies of four (4)
eyewitnesses who knew the Applicant. Furthermore, the learned judge was
also unconvinced by the Applicant’s alibi that he was on the farm on that
fateful day when he “struck a moving object with a machete in self-defence”.
54. 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.
55. Accordingly, the Court dismisses the Applicant’s allegation and holds that
the Respondent State did not violate his right to have one’s cause heard,
protected under Article 7(1) of the Charter.
B. Alleged violation of the right to life
56. The Applicant alleges that his death sentence is a violation of the right to
life.
57. The Respondent State contends that even though the death penalty has
been subject to many national debates, it continues to be legal in Tanzania.
Citing the case of Dominic Mbushuu v. The Republic, the Respondent State
9
Mohamed Abubakari v. Tanzania (merits), § 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.
13
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