Elias Mtati @ Ibichi versus The Republic; Criminal Appeal No 65 of 2014: Court of Appeal of Tanzania at Dodoma (Unreported).
- Criminal Procedure
- Committal proceeding – Statement of a witness not read at the committal proceedings – Effect.
- Assessors – Role of assessors in criminal cases –Whether they can conduct cross – examination case – How they should be treated?
- Evidence
- Post – mortem – Whether mandatory for doctor who conducted post – Mortem to be called as a witless.
- Post – Mortem - whether murder can be established without post mortem report.
Held:-
(i) It is mandatory that a witness statement or substance of evidence should be read at the committal proceedings for it to be admissible.
(ii) In criminal trials, the role of assessors is not to cross –examine, but rather, the mandate is to put questions to witnesses.
(iii)The provision of section 291 of the CPA are mandatory and require the court to inform the accused about his right to decide whether or not he wants the doctor who performed the post – mortem called to testify.
(iv) The facts of the case include the materials contained in documents like extra –judicial statements, autopsy reports and sketch plans. It is essential that the materials in such documents also to be read and explaied to the accused. It is the accused not his advocate who should be asked to state the facts which he admits.
(v) In the absence of post –mortem report cause of death can still be proved by circumstantial evidence.