Exhibits and their admissibility in criminal proceedings.

Exhibits and their admissibility in criminal proceedings.

1. Meaning of Exhibits

An exhibit refers to any document, record, or tangible object formally admitted as evidence in a court of law. It can be any item relevant to the case, introduced before the court to substantiate claims made during proceedings. Typically, prosecution exhibits are gathered during the investigation phase.

2. Types of Exhibits

There are two main categories of exhibits: real exhibits and documentary exhibits.

1. Real Exhibits: These are physical items directly involved in the case, which hold relevant characteristics or evidence. Examples include objects bearing fingerprints, footprints, blood-stained clothing, weapons, and other items that could link a person to the incident or offense.

2. Documentary Exhibits: These are written documents pertinent to the case. Examples include expert reports (e.g., Government Analyst, fingerprint or handwriting expert reports), medical reports, bank statements, and other documents produced during investigations.

3. Chain of Custody

The chain of custody is a systematic documentation and tracking process showing the seizure, custody, control, transfer, analysis, and disposition of evidence from the moment it is collected. This process is essential to verify that evidence has not been altered or tampered with. Section 38 of the Criminal Procedure Act (CPA), Section 35 of the Police Force and Auxiliary Services Act, and Police General Orders (PGO) No. 229 emphasize the importance of following these procedures. Courts are obliged to scrutinize the chain of custody to confirm the authenticity of the evidence tendered.

3.1 Relaxation of Chain of Custody Principles

The court may accept evidence even if the chain of custody has minor breaks, as long as it is clear that the evidence has not been altered or tampered with. The need for a continuous chain of custody may be less stringent when the accused has confessed.

3.2 Objections Regarding Chain of Custody

Objections to the chain of custody should typically be raised at the end of the prosecution’s case. This timing ensures that any issues related to evidence transfer are fully examined before objections are made.

4. Disposal of Exhibits

During investigations, police may apply for orders to dispose of certain exhibits, especially perishable items, before trial begins. Section 353(2) of the CPA permits such applications, but a court order must be obtained, and the accused must be present at the disposal. Under Section 353(1) of the CPA, items unclaimed for twelve months after the final disposal of proceedings, or following an appeal, may be sold, destroyed, or disposed of per court direction, with proceeds going to the Republic’s general revenues.

5. Admissibility of Exhibits

The admissibility of an exhibit is a legal issue based on relevance, materiality, and competence. Evidence meeting these criteria is generally admissible, while irrelevant evidence is not.

6.  Who Can Tender Exhibits?

Exhibits are introduced in court by witnesses competent to testify about their relevance. This may include individuals like the author, recipient, custodian, or an officer who seized the evidence. Prosecutors themselves do not tender exhibits; only witnesses under oath or affirmation may do so.

7. Procedures for Tendering Exhibits

1. Laying a Foundation: The witness must identify and describe the exhibit before it is tendered, establishing its relevance to the court.

2. Right to Comment: The accused has the right to comment on the admissibility of an exhibit before it is accepted as evidence. Denying this right violates the principle of fair hearing.

3. Identification Marking: Any item marked for identification only but not formally admitted as evidence lacks evidential value.

4. Reading of Documents: Admitted documents should be read aloud in court to allow the accused an understanding of their contents.

5. Admissibility of Electronic Evidence: Sections 64A of the Tanzanian Evidence Act (TEA) and Section 18 of the Electronic Transactions Act, 2015, outline requirements for the admission of electronic evidence. For such evidence to be admissible, its reliability in generation, storage, and preservation must be assured.

6. Proof of Authenticity of Electronic Documents: The credibility of electronic evidence hinges on the testimony of a witness who can explain the processes through which the electronic data message was generated, stored, communicated, and maintained. This witness must demonstrate how the original document was identified prior to its presentation. Notably, Section 18 of the Electronic Transactions Act (ETA) does not mandate an affidavit to authenticate an electronic record before it is admitted. The prosecutor is responsible for leading the witness to substantiate the authenticity of the electronic document as outlined in Section 18(3) of ETA.

7. Admissibility of Banker’s Book: Sections 78A and 79 of the Tanzanian Evidence Act (TEA) establish the criteria for admitting a banker’s book as evidence. The conditions for admissibility are:

1. The witness must confirm that the entry and retrieval were made in the usual course of business.
2. The witness must establish the bank’s custody over the book and their custodial authority within the system.
3. The retrieval method should be clearly explained to verify the accuracy of the printout.
4. The witness must confirm the printout’s accuracy against the original entry. Under Section 79(1) of TEA, this verification can be provided orally or through an affidavit.

8. Confession

A confession is a clear acknowledgment by the accused of committing a crime or admitting to facts that constitute the offense. According to Section 3(1)(a)-(d) of TEA, a confession may be oral, written, by conduct, or a combination. Importantly, a confession need not be written and can be made to anyone, provided it is voluntary. Written confessions include extrajudicial and caution statements.

8.1 Determining the Truthfulness of a Confession

Courts can assess the truthfulness of a confession by considering factors like the discovery of incriminating evidence, detailed knowledge of the crime, coherence with other prosecution witnesses, and plausibility of the facts.

8.2 Extra-Judicial Statement

An extra-judicial statement is a voluntary declaration made by an accused before a magistrate or a Justice of the Peace as defined in the Magistrates’ Courts Act. The recording of this statement must consider the arrest time and location, the place of detention, any coercion, the accused's willingness, and their awareness of its evidential use. No set time limit is imposed for recording an extra-judicial statement.

8.3 Cautioned Statement

Police officers must document interviews with suspects as mandated by Sections 57 and 58 of the Criminal Procedure Act (CPA). Caution statements must be recorded within four hours of the suspect being restrained, per Section 50(1)(a) of the CPA. Non-compliance with Sections 50 and 51 renders the statement inadmissible, though extensions can be granted under Section 51. Exceptions to the four-hour rule are covered by Section 50(1)(b) and (2). Procedural certification lapses do not invalidate the statement’s content, and the precise legal offense need not be cited during cautioning.

8.4 Weight of Repudiated or Retracted Statements

A retracted statement is one that an accused acknowledges making but disavows due to coercion, whereas a repudiated statement is one the accused denies making. Courts may convict based on such statements without corroboration if convinced of their truthfulness, provided they caution themselves of the risks associated with relying solely on these statements.

8.5 Trial Within Trial or Inquiry

Courts conduct a trial within a trial or inquiry solely to determine the voluntariness of a confession. If an objection is raised regarding a statement’s voluntariness, the trial court halts proceedings and evaluates the statement’s authenticity through a structured procedure. This trial-within-trial process is utilized by the High Court, while subordinate courts conduct inquiries.

8.6 Dying Declaration

A dying declaration is a statement by an individual about the circumstances leading to their anticipated death. It is admissible in cases concerning the declarant’s death, irrespective of whether they expected death when making the statement. It can be oral or written.

8.7 Weight of Dying Declaration

Courts scrutinize dying declarations meticulously and prefer corroborating evidence before acting on them. However, if circumstances confirm the deceased could not have misidentified the accused, the declaration alone can suffice for a conviction.

8.8 Admissibility of expert evidence

The admissibility of expert evidence involves specific legal standards, as expert evidence generally relates to scientific, technical, professional, or specialized issues requiring a qualified expert to testify due to their knowledge or training. This evidence is permitted in cases necessitating specialized knowledge, enabling the court to assess the validity of an expert's conclusions using scientific criteria provided for that purpose. The credibility of expert witnesses hinges on three prerequisites: recognized expertise in a relevant field, reliance on sound principles, and adequate qualifications.

Handwriting evidence is addressed under Sections 47, 49, and 75 of the Tanzanian Evidence Act (TEA). Handwriting or signatures can be proven directly if the writer admits them or through witnesses who observed the writing. However, in the absence of direct evidence, TEA provides for alternative methods: handwriting expert opinions, familiar witness evidence, and court comparisons of known and disputed writings.

Ballistic expert evidence, used to determine firearm-related characteristics, falls under Section 205A of the Criminal Procedure Act (CPA). Although not a formalized field with structured qualifications, expertise in ballistics is acquired through experience and practical exposure.

Fingerprint comparison, a reliable method of identification due to the uniqueness and persistence of fingerprints, is governed by Section 47 of the TEA and Sections 59 and 204 of the CPA. DNA evidence, regulated under the Human DNA Regulation Act of 2009, has gained prominence in forensic investigations, as a DNA profile match can strongly suggest a biological link between crime scene samples and suspects.

Medical reports from registered practitioners, as per Sections 240 and 291 of the CPA, are admissible in court. These reports can be verified if required, with medical witnesses subject to cross-examination. Lastly, a trophy valuation certificate, regulated by Section 86(4) of the Wildlife Conservation Act (WCA), is issued by an authorized wildlife officer, often called a game or wildlife ranger. These officers are legally empowered to evaluate wildlife trophies and ensure species conservation.