this precondition was
not met.
He asked
the Court to revisit the testimonies used
as
evidence by the Tanzanian courts.
164.
In his Reply,
and still on the fact that the conviction
relied on the contradictory
testimony of one person, the Applicant reiterated that this constitutes an irregularity; and
that it was
needful,
in accordance
with Tanzanian
law, to have scrupulously checked
whether the only witness was telling the truth.
165.
At the
Public
Hearing,
Counsel
for the Applicant,
relying
on
the tenor
of the
Judgments rendered by the national courts, that on the day of the robbery, 5 April 1997,
all those who went to the police station, including the complainant, prosecution witness
No. 1, indicated that they could not identify the robbers considering that it all happened in
the evening, and the conditions were not favourable; however, that several days later and
at the hearing, the same complainant stated that only she has been able to identify the
Applicant and that the other witnesses could not identify the robbers.
are a number of other inconsistencies
He added that there
in her written statements and
in her testimony
before the court and in particular that she said during cross-examination before the lower
courts that she went on the same day of the robbery [5 April 1997] to the home of the
Applicant for
the purpose of identifying him, pretending to buy milk, and that after she
has identified
him, she went to the police station; whereas during cross-examination, she
changed her statement saying that she had in fact been to the home of the Applicant on
9 April 1997 and this led to his arrest on 10 April 1997. The Counsel for the Applicant
further submitted that this same witness had also said that the day after the robbery, she
was absent for five days, without explaining how, that if she had travelled, she could be
there on 5 or 9 April 1997. that she again contradicted her first statement in Swahili saying,
on the one hand, that the Applicant was among
the robbers at the time of the robbery,
and on the other, that no, he was instead picked up along the way when the vehicle she
was in, with some thieves was driving from point A to point B .
166. Grounding his argument on the jurisprudence of the Court of Appeal of Tanzania,
according to which corroboration of the evidence of a single witness is required
45
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