Priscus Kimario versus The Republic; Criminal Appeal No 301 of 2013: Court of Appeal of Tanzania at Arusha (Unreported).
- Evidence
- Hearsay evidence – production of a statement of a person who cannot be called to testify – Procedure
- PF3 – who may produce a PF3 in court?
- Criminal Procedure
- Hearing –change of magistrate during hearing of a criminal case- whether proper.
Held:-
(i) Prior to the production of a statement of a person who cannot be called as a witness, the accused must be served with a copy. Omission to do so is fatal to the proceedings.
(ii) It is the person who had filled out PF3 who should produce it and who should be made available for cross examination unless he cannot be called to testify in which case the provisions of section 34B(2) would come into play.
(iii) Where it is necessary to re-assign a partly heard matter to another magistrate, the reason for the failure of the first magistrate to complete the matter must be recorded. If that is not done it may lead to chaos in the administration of justice.