Tabu Paulo versus The Republic; Criminal Appeal No. 53 of 2014: Court of Appeal of Tanzania at Mwanza(Unreported).
- Criminal Procedure
- Confessional statements – correct procedure for admissibility in murder cases.
Held:-
The correct procedure for admissibility of confessional statements in murder cases are three fold: First, in order to avoid the assessors being possibly prejudiced by the hearing of evidence which is afterwards held to be inadmissible, it is important that the assessors retire before any witness is allowed to testify in any aspect which might suggest to assessors that the accused made a confessional statement. Second, if the confessional statement is held to be admissible it is imperative for the prosecution witness to physically tender the written statement and exhibit it by reading its contents. Thirdly, the unfolded procedure underscores the principle that a ruling by the presiding officer to the effect that a confessional statement is admissible is not an end in itself.
On the contrary in each case where the court makes such a ruling, it will still be open for the accused to persuade the presiding officer, as well as assessors that he/she has good reasons to retract or to repudiate the statement concerned or any part of it. Conversely, the presiding judge and the assessors would still be enjoined to assess the value or weight to be attached to the confessional statement.