Silvery Adriano versus The Republic; Criminal Appeal No 121 of 2015; Court of Appeal of Tanzania at Dodoma (Unreported).
- Criminal Procedure
- Fair trial – Minimum Standards of a fair trial in a Criminal Case
- Post-mortem report (PFT 3)- the court failed to inform the accused of his right to call the doctor – Defence counsel did not object – effect.
- Evidence
- Exhibit – Exhibit tendered by the prosecution attorney from the bar – whether proper.
Held:-
(i) Minimum standard of fair trial in a criminal case that must be met are the following :-
(a) To understand the nature of the charge;
(b) To plead to the charge and to exercise the right of challenge;
(c) To understand the nature of the pleadings, namely, that it is an inquiry as to whether the accused committed the offence charged;
(d) To follow the course of the proceedings;
(e) To understand the substantial effect of any evidence that may be given in support of the prosecution; and lastly,
(f) To make a defence or to answer to the charge.
(ii) An exhibit tendered by an attorney from the bar is illegal because he is not a witness and cannot be cross – examined.
(iii) When an accused does not object to the production of PF. 3, the trial Court is not exempted from its duty to inform the accused of his right to summon the doctor for cross – examination, so even if the defence counsel does not object to the production of a post-mortem report, the trial judge / Magistrate is still bound to comply with section 291 (3) of the CPA.