Bernard Balele versus The Republic

Bernard Balele versus The Republic; Criminal Appeal No. 319 of 2013; Court of Appeal of Tanzania at Mwanza (Unreported).

• Evidence

• Identification – Visual identification made during the day and corroborated – Effect.
• Voire dire-When it should be conducted?

Held:-

(i) Identification made during the day coupled with other corrobative evidence is sufficient evidence of visual identification which eliminates any possibility of mistaken identity.

(ii) It is settled law that before a trial court receives the evidence of a child witness it must at first conduct a voire dire examination to satisfy itself on whether the intended child witness knows the meaning of an oath and the duty to speak the truth before deciding on whether he is to testify on oath or without an oath.