High Court recalls IT expert in gang rape appeal to verify evidence

Dodoma. The High Court of Tanzania’s Dodoma Registry has recalled a prosecution witness who is an ICT expert from the police force to clarify the exact time the suspects in a gang rape case allegedly spent with the victim, using DVDs submitted earlier as evidence.

The court, presided over by Judge Amir Mruma, made the decision on Wednesday, July 9, 2025, following a request by state attorneys who sought the expert’s return to demonstrate specific timeframes captured in the videos.

The case involves four appellants accused of gang rape and unnatural acts against a young woman from Yombo Dovya, Dar es Salaam.

The defence, led by Advocate Godfrey Wasonga, objected to the move, arguing that there is no legal basis for recalling a witness during an appeal hearing. However, Judge Mruma ruled that the court has discretion under Section 147(4) of the Evidence Act to recall any witness or individual it deems necessary for the fair administration of justice.

“The law provides the court with discretion to summon any witness or individual, regardless of the court level, if it finds that their presence could aid in delivering justice,” Judge Mruma stated.

He clarified that the expert would not be cross-examined, but simply required to play the DVDs already admitted into evidence, allowing both parties to make informed submissions.

He emphasised that recalling the expert would support a fair review of the case and aid the appeal court in assessing whether the original trial court’s decision was justified.

“This court, acting as the first appellate court, has a duty to re-evaluate the evidence presented at trial. In doing so, it may call upon a witness or expert if it believes this will help ensure a just outcome,” Judge Mruma said.

The appeal has been lodged by four individuals: Clinton Damas (MT. 140105), a Tanzania People’s Defence Force soldier known by the alias ‘Nyundo’; Amini Lema (alias Kindamba); Nickson Jackson (alias Machuche) and Prison Officer Praygod Mushi (C.1693 WDR).

All are accused of participating in the alleged gang rape and abuse of the young woman, and were previously convicted by a lower court.

Following the ruling, both the prosecution and defence agreed to the court’s directive. The case has been adjourned until August 5, 2025, when the recalled witness or another qualified IT expert will return to court to play the DVD footage in question.