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High Court Corruption and Economic Crimes Division - 2023 June

3 judgments
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3 judgments
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June 2023
Director of Public Prosecutions vs Yanga Omary Yanga (Economic Application No.1 of 2021) [2023] TZHCCED 10 (30 June 2023)
Court forfeited certain properties acquired within ten years post‑conviction; other assets discharged for insufficient proof.
* Proceeds of Crime – conviction‑based forfeiture – statutory presumption for properties acquired/developed within ten years under Drugs Control Act – burden to rebut by reasonable explanation. * Standard of proof – balance of probabilities; need for particularised evidence of acquisition, development, timing and control. * Admissibility – affidavits by authorized officers relying on investigation files not automatically hearsay. * Third‑party titles – cannot be forfeited absent proof of respondent’s control or beneficial interest. * Jurisdiction – pending review at Court of Appeal does not preclude High Court post‑conviction forfeiture proceedings.
 30 June 2023
Republic vs Said Salum Kaghembe (Economic Case No.11 of 2022) [2023] TZHCCED 6 (13 June 2023)
Prosecution failed to prove trafficking where key witnesses were absent and an uncautioned oral confession lacked corroboration.
* Narcotic drugs – trafficking – burden of proof beyond reasonable doubt; quality of evidence over number of witnesses. * Non‑production of key witnesses – adverse inference where absent witnesses could have supplied decisive evidence. * Oral confession to police – requirement of cautioning and need for corroboration; received with great caution. * Chain of custody/possession – need to prove accused drove or had control of vehicle (driving licence, ownership).
 13 June 2023
Republic vs Raban Mwansaku & Six Others (Economic Case No. 4 of 2023) [2023] TZHCCED 7 (7 June 2023)
Court convicted accused of trafficking, finding lawful searches, proven possession and sufficient chain of custody.
Criminal law – narcotic drugs – search and seizure under Cr.P.C. s.38 and DCEA s.32(5); possession and constructive possession; chain of custody – oral proof versus documentary paper trail; alibi—statutory notice requirements (Cap.200 s.42); role and significance of independent witnesses; admissibility and weight of exhibits (certificates of seizure, laboratory analysis).
 7 June 2023