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The opinion of assessors does not bind the judge. The judge can disagree with the unanimous views of the assessors. However, the trial judge is required to give reason for so disagreeing. See views of judges of Court of Appeal of Tanzania in *Abdalah Bazamiye & others vs. Republic [1990] TLR 42 pg 45.
What happens if assessors are not given opportunity to put questions to witness?
Assessors’ full involvement in the trial is an essential part of the process, its omission is fatal, and renders the trial annullity as per Lordships’ views in Abdallah Bazamiye & Others vs. Republic [1990] TLR 42
Why the trial is rendered a nullity If the assessors are not given opportunity to put questions?
The duty of assessors is to aid the trial judge in accordance with section 265 of Criminal Procedure Act and section 177 of the Evidence Act allows the assessors to put questions.
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