1)
The allegation that the issue of the Applicant’s alibi has not been adequately
addressed by national courts
186.
At the Public Hearing,
Counsel
for the Applicant argued
that the issue of alibi
invoked by the Applicant before the national courts was not adequately addressed by the
latter. He stated further that the Applicant
indeed: maintained
that between 20 March and
7 April 1997, he was in admission at the Muhimbili hospital in Dar es Salaam, hundreds
of kilometres from the crime scene, and that he could therefore not have been in Moshi
on 5 April 1997; and in that regard, he tendered two pieces of evidence, namely, a bus
ticket showing the transport to Dar es Salaam and a discharge certificate issued by the
hospital upon his leaving the hospital - a certificate which he handed to the investigating
officer. The
Counsel
for the Applicant indicated that while admitting the bus ticket in
evidence, the trial magistrate at the same time claimed that the alibi had not been notified
to the court as required by law, and that it is therefore an after-thought.
He emphasised
the point that in regard to the discharge sheet issued by the hospital, that although the
trial magistrate had accepted the same as evidence, the appellate magistrate held that
there was no discharge sheet; that despite the fact that the Applicant had indicated that
he had
handed
the certificate to the investigating officer, the latter was
testify,
despite
the
circumstances,
Applicant's
request
to
this
the issue of the alibi evidence
effect.
has
He
not been
never called to
concluded
that
properly treated
in
the
by the
national courts, which therefore cannot persuade themselves that they properly convicted
the Applicant for the very serious offence of armed robbery.
187.
At the same Public Hearing, Counsel for the Applicant pointed out that, he had in
any case
raised the issue of the alibi from the onset of the investigation
procedure,
handing his client’s bus ticket and hospital discharge sheet to the investigating officer.
188.
In the course of that same
Public Hearing, the representative of the Respondent
State argued that, with respect to the hospital discharge sheet, the Applicant contradicted
himself by saying,
on
the one
hand,
that it is his relatives who
would
produge
the
N¢&
e%
>.
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