By Faustine Kapama-Judiciary
THE Chief Justice, Hon. Prof.
Ibrahim Hamis Juma has appealed to authorities in the justice system to maximize the
use of Deoxyribonucleic Acid (DNA) in the collection of evidence in order to
convict or acquit those involved in committing crimes against children
Hon. Prof. Juma made such an
appeal today September 5, 2023 at a function he officiated in Dar es Salaam to launch the compendium of child sexual
cases for Tanzania and Ireland experiences.
“There is very low usage
of DNA in sexual offences. We rarely in the Court of Appeal hear appeals where
DNA has been used in the collection of evidence. We wonder why while the law is
very clear that it is quite possible, because DNA can convict the guilt and
also exonerate the innocent.
“Is it time also we draw
lessons from Ireland on how DNA evidence is used? There is a lot which we can
draw lesson from this compendium and the aim here should be to change our perspective
and even change the way we look at the same laws which we have but we give it a
different dimension,” he said.
The Chief Justice pointed
out further that Tanzania should also draw the best practice of video recording
of the testimony of the child from Ireland, which has provisions allowing the
collection of evidence through such means.
He said that which could
be useful to Tanzania especially where it is very common for courts to hear
testimonies of child victims several years after the commissions of the offence
where memories have failed and the child may not stand well under cross
examination.
So, video recording of
the testimony at the earliest possible time sometimes is very helpful to secure
justice. These are the lessons, which I think we should in our reforms make
sure that we emulate Irish laws,” Hon. Prof. Juma said.
The Chief Justice
stressed that video recording of child evidence shortly after the incidence
saves the integrity of the evidence of the child even when hearing takes place
several months later.
He said that the launch
of the compendium has come at the right time when the presidential commission
on criminal justice system has published its report and has identifies many
areas which are very relevant and which some of the recommendations in the
compendium are very pertinent.
“We should make sure that this compendium changes
our perception and the way we use all the way we see the laws which we have because
it provides valid lessons to Tanzania from Irish legal system and also provide
valid lessons to our Irish counterparts,” he said.
The Chief Justice said
that the compendium, which has been
prepared in collaboration between Irish Rule of Law International (IRLI) and
the Institute of Judicial Administration (IJA) Lushoto,
will serve the purpose of knowledge enhancing and also knowledge sharing.
He emphasized that having
excellent pieces of legislations in place, having elaborate policies and even
having an excellent compendium is not enough if no further steps are not taken
to implement the recommendations which are contained in all the laws and the
compendium.
Speaking at the same
function, Irish Deputy Ambassador to Tanzania, Hon. Margaret Gaynor commended the
approach taken by the Government in Tanzania on actions against gender-based
violence, including enactments of laws and strengthening the capacity of
criminal justice.
The Deputy Ambassador said
that the recent formation of the committee to investigate the performance of
criminal justice institutions in the country is a welcome step the Government
took and the report given has been considerate by all those concerned.
On his part, Court of Appeal Justice and Chairman of IJA Governing Council, Hon. Dr.
Gerald Ndika said that the compendium launched will be valuable reference
material not only to judicial officers, but also legal practitioners,
prosecutors, investigators, policy makers, members of the academia and general
public.
Earlier, in his welcoming
remarks, the Principal of IJA, who is also Justice of the Court of Appeal, Hon. Dr.
Paul Kihwelo, said that the launch of the compendium has been made possible due
to close cooperation between the Institute and the Irish Rule of Law
International (IRLI), a non-governmental organization.
“We entered into a cooperation agreement on several areas in dealing with
the entire area of sexual abuse for children, including preparing a
compendium of such cases for Tanzania and Ireland because we all experience
similar problems,” he said.
Several stakeholders attended the event, including Judges in Charge of the
High Court Dar es Salaam Divisions of Labour, Land, Commercial, Corruption and Economic
Crimes as well as the Integrated Justice Center for Family Matters-Temeke.
The Chief Justice, Hon. Prof. Ibrahim Hamis Juma (above and below) stresses a point at a function to launch the compendium of child sexual cases for Tanzania and Ireland held in Dar es Salaam today September 5, 2023.
Hakuna maoni:
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