ii. Allegation that the Applicant’s conviction was against the weight of the
evidence on record
81. The Applicant alleges that the domestic courts relied upon fabricated,
contradictory, inadequate and devoid prosecution evidence to uphold his
conviction. He avers that the domestic courts ignored crucial facts including
that he was not found with any stolen items; the prosecution failed to bring
a witness to give corroborative evidence; PW4 gave hearsay evidence when
cross examined; and that evidence of PW4 contradicted evidence of PW3.
82. The Respondent State submits that the Applicant’s allegation in this regard
has no merit; and avers that the conviction of the Applicant was based on
the evidence of identification and that it is clear from the evidence on the
record that the Applicant was properly identified. It is also the Respondent
State’s contention that the Court of Appeal assessed all matters of fact and
law and dismissed the Applicant’s appeal in its entirety for lack of merit.
***
83. The Court notes that while the Applicant raises an issue relating to evidence
in the proceedings before domestic courts, the basis of his allegation is that
the manner in which issues of evidence were examined led to a violation of
his rights to non-discrimination, equality before the law, equal protection of
the law and the right to have one’s cause heard.
84. The Court reiterates its position as held in Kijiji Isiaga v. United Republic of
Tanzania29 that:
… domestic courts enjoy a wide margin of appreciation in evaluating
the probative value of a particular evidence. As an international human
rights court, the Court cannot take up this role from the domestic courts
and investigate the details and particularities of evidence used in
domestic proceedings.
29
Kijiji Isiaga v. United Republic of Tanzania (merits) (21 March 2018) 2 AfCLR 218, § 65.
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