Masudi Said Selemani versus The Republic

Masudi Said Selemani versus The Republic; Criminal Appeal No. 102 of 2013: Mtwara (Unreported).

• Evidence

• Identification – Visual identification-whether it can be relied upon to enter conviction.
• Credibility of witnesses- contradictions in evidence given – Effect.

Held:-

(i) Visual identification is evidence of the weakest kind and courts should not act on such evidence unless satisfied that the possibilities of mistaken identity are eliminated and the evidence is absolutely watertight.

(ii) It is trite law that evidential contradictions ought to be noticed and resolved by a trial court and if need be, addressed by a first appellate court.  Depending on whether or not they are minor or serious and the extent to which they go to the root of the matter, they may or may not have an effect on the credibility and reliability of witnesses.