Browsing by Author "Hoseah, Edward Gamaya"

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    Grappling with the epitome of corruption in Tanzania:the case for circumstantial evidence
    (University of Dar es Salaam, 2007) Hoseah, Edward Gamaya
    Corrupt practices are invariably clandestine; consequently, it is often difficult to secure direct evidence to support fair convictions in prosecuting corruption cases. Furthermore, allegations about who is corrupt have often been claimed to have a great potential of being used as a means of mudslinging and maligning political and or social opponents. It is for this reason that cast iron proof has often been demanded in corruption prosecution. The privileging of direct evidence over indirect evidence has often been seen as one of the means to safeguard against possible miscarriage of justice in the prosecution of corruption cases. This thesis presents the design and findings of a study whose main aim was to determine the effectiveness of existing legal frameworks (legislative and interpretative) in detecting, investigating and prosecuting corruption cases in Tanzania. Specifically, robust but balanced discussion is presented on the fundamental problem of over-reliance on direct evidence as opposed to circumstantial evidence in evidence gathering, prosecuting and securing convictions in corruption cases. Support is then given to a plea for the conscious privileging of circumstantial evidence over direct evidence the effect of which will be to advance the deterrence effect of anti-corruption prosecution, particularly with a view to increasing success in the prosecution of corruption cases brought to the courts of law for judicial dispensation