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High Court Corruption and Economic Crimes Division - 2022 January

3 judgments
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3 judgments
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January 2022
Director of Public Prosecutions vs Ramadhani s/o Hassan Makai @Makai & four Others (Misc. Cause 1 of 2021) [2022] TZHCCED 3 (21 January 2022)
Court granted the applicant's request to withhold prosecution witnesses' identities and statements to protect their security.
* Witness protection – statutory authority under section 188 Criminal Procedure Act and section 34(3) Prevention of Terrorism Act * Non-disclosure – withholding of witness identities, whereabouts and statements/documents likely to identify witnesses during committal and trial * Balancing rights – protecting witness security while preserving accused’s right to a fair trial through screening or provision of comprehensive summaries * Procedural relief – ex parte application to the DPP and discretionary refusal of video-conferencing order at committal stage
 21 January 2022
Republic vs Hamisi Selemani and Another (Economic Case 5 of 2021) [2022] TZHCCED 2 (20 January 2022)
Prosecution failed to prove trafficking beyond reasonable doubt due to contradictions in seizure evidence and exhibit identification.
Drug trafficking — proof beyond reasonable doubt — search and seizure — witness contradictions — exhibit identification and chain of custody — burden under s.28(1) Drug Act — forfeiture of exhibits.
 20 January 2022
Republic vs Halfan Hassan Bwire and 3 Others (Economic Case 16 of 2021) [2022] TZHCCED 1 (10 January 2022)
Court rejected seized exhibits due to failure to issue seizure receipts and to comply with prescribed labelling requirements.
Evidence — admissibility of exhibits — relevance, materiality and competence — authentication by unique feature, made‑unique feature or chain of custody; chain of custody may be established orally depending on circumstances; non‑compliance with labelling and seizure‑receipt requirements (PGO/CPA/EOCCA/Guidelines) may be fatal to admissibility; factual disputes over identification/ownership go to weight not admissibility.
 10 January 2022