Two men freed from life sentences for church arson due to flawed evidence

The Tanzania Court of Appeal has overturned life sentences for two men, Rashid Mzee and Ally Dauda, who were convicted of conspiracy and arson for burning down a church. The appellate court cited critical flaws in the prosecution's evidence, leading to their acquittal.

The original conviction, handed down by the High Court in Bukoba on August 13, 2020, had found the men guilty of conspiracy, burning a church, and malicious property destruction. The incident in question occurred on October 30, 2015, in Bujugo Village, Bukoba District, where the Tanzania Assemblies of God (TAG) church was set ablaze.

Judges Rehema Kerefu, Issa Maige, and Dr. Ubena Agatho highlighted several issues in their ruling on Appeal Case No. 597/2020. They noted that the prosecution failed to prove the charges beyond a reasonable doubt. Crucially, the defense was denied the right to cross-examine the third prosecution witness, rendering that witness's testimony legally inadmissible as their credibility could not be assessed. This right is protected by the Constitution.

Furthermore, the court cast doubt on the reliability of the first witness's testimony regarding an alleged oral confession by the second appellant at the scene. The circumstances under which this confession was reportedly made, in the presence of police officers and others, raised questions about its voluntariness. The court also disregarded the fourth witness's testimony concerning a supplementary judicial statement from the first appellant, as procedural errors had led to the statement's deletion, making the testimony hearsay. The charge of criminal conspiracy was also dismissed, as the court reasoned it could not stand if the intended crime, the arson itself, had been completed and proven.

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Because of this, the charges were not proven beyond a reasonable doubt, and we find that the fourth witness's remaining testimony...