Shadrack Kuliaha versus The Republic; Criminal Appeal No 139 of 2015: Court of Appeal of Tanzania at Dodoma (Unreported).
- Evidence
- Visual identification – principles applicable to avoid mistaken identity.
- Visual identification – in practice corroboration required.
Held:-
(i) The law is settled on visual identification. First; such evidence is the weakest kind and most unreliable, and should be acted upon cautiously after the Court is satisfied that the evidence is watertight, and all possibilities of mistaken identity are eliminated. Second; even if it is evidence of recognition that evidence must be watertight. In that regard, where the offence is committed at night, and the question of light is in issue, there must be clear evidence as to the intensity of the light and bare assertions, would not do. Three, in matters of identification conditions for identification alone, however ideal they may appear are no guarantee for truthful evidence; lastly, it is not always impossible to identify assailants even at night and even where the victims are terrorized and terrified. The evidence in every case where visual identification is what is relied on, must be subject to careful scrutiny, due regard being paid to all the prevailing conditions to see, in all the circumstances, there was really sure opportunity and convincing ability to identify the person correctly and that every reasonable possibility of error has been dispelled.
(ii) It is a rule of practice, not of law, that corroboration is required of the evidence of a single witness of identification of an accused made under unfavourable conditions, but the rule does not prevent a conviction on the evidence of a single witness if the Court is fully satisfied that the witness is telling nothing but the truth.