59. The record, further, shows that the Applicant raised the same objection he
puts before this Court as one among the grounds of appeal before the High
Court, and that the High Court took time to consider and ascertain the
evidence of the victim and the other five prosecution witnesses and was
convinced by the victim’s testimony and by the prosecution witnesses, in
particular those of PW3 and PW6.22
60. The Court also notes that further on appeal, the Court of Appeal assessed
and confirmed the credibility of the evidence of PW1, notwithstanding the
absence of medical evidence, and found that the charge of rape was proved
against the Applicant beyond reasonable doubt.23
61. Accordingly, the Court considers that the manner in which the proceedings
before the domestic courts were conducted revealed no manifest errors
requiring this Court’s intervention. The Court, therefore, dismisses the
Applicant’s allegation and holds that the Respondent State has not violated
his right to be heard, protected under Article 7(1) of the Charter.
ii. Allegation relating to non-consideration of the evidence in the defence
of the Applicant
62. The Applicant faults the Respondent State for not considering the evidence
in his defence, especially his claim that at the time of his arrest he was
treated inhumanely and tortured.
*
63. The Respondent State submits that the Court of Appeal duly considered
the evidence and was satisfied that the offence of rape was proven beyond
reasonable doubt, and, further submits that, the Applicant was duly
accorded respect of all of his rights.
22
Ibid.
Edison Simon Mwombeki v. Republic, Court of Appeal of Tanzania, at Mwanza, Criminal Appeal
No. 94 of 2016, Judgment of 18 October 2016, page 15 – 17.
23
16