19700930 TZHC Dar es salaam2

I2' qp~~~ crimmal Form No. 33 (Approved by the High Court Judgment or Order on Appeal (s. 320) under Section 352 of the Criminal Procedure Code). Summary rejection (S.

317)

IN THE IIIGH COURT OF TANZANIA

AT DAR ES SALAAM

APPELLATE JURISDICTION Eu 3fC Caism No ...... ... ........... OF 19.. 2P . Original Criminal Case No .............. . ........................ of 1970 of the District Court of..... District at ........... . anga . - before.L.R. . ............. ...Esq., Resident Magistrate'Iitret Magistrate. iL. Appellant (Original Accused) versus THE REPUBLIC.................. Respondent (Original Prosecutor) cHARGE,: civing false information .Contrary to section c/s 122 of the Penal Code Libel contrary to section c/s 187 of the Penal Code. JUDGMENT/O.WR MKttiE, J. The appellant was convicted of giving false information and of libel. He was sentenced to a fine of hs.500/- oh six months in default on the first count, and to nine months on the second count. His Appeal to this Court is against both conviction and sentence. Evidence was adduced that the appellant, formerly the officer in charge of the Special Constabulary in Tanga region,'ote letters to various people, including His Jxcel1ency the President of the United Republic and the Cbainiian of the Permanent Commission of Enquiry, 0 P Dsm 10224/12-65/50m/4uy . . . . . • . ./2 7 -:2:- alleging that the Regional Police Commander, Mr. Isinika, was guilty of nepotism, that he treated Special Constables unfairly, that he transferred police officers unnecessarily, and finally, that his use of Government motor vehicles was irregular. The appellant

wassmissed by a letter dated the 17th of May, 1969, signed by a Mr. Kihiyo, 0.C.D. 0 informing him that he was being dismissed from the Special Constabulary, with immediate effect, because on the previous day he 4 not punctually attend a meeting of Special Constacles. It is evident that it was this letter which made the appellant write the various ietter, there being no evidence that he was also the author of a letter dated 10th of February, 1969, addressed to the Chairman, Permanent Commission of Enquiry, some months before his ademissal. On the first count there was evidence of both the prosecution and defence witnesses that Special Constables were being djsmtssed rather abruptly. P.W. 2 9 Ted Miowe, a Special Ccnstabie Sergeant, told the trial court that he read the letter the appellant wrote to His Excellency the President, and was satisfied that some of the allegations made therein were true. This came from a prosecution witness who was not treated as hostile. There is, therefore, no way of knowing what jnformation was false in that letter. The court was not told and it did not ask which allegations were true and which were not. Said Abdallah, another proseettion witness, said that be was dismissed from the Constabulary because he was sick, Accoring to P.W.7. Machiyo Abdallah s three Special Constables were fired because of some mis- understanding over telephone calls and

Jbda11ab Oman, one of the three persons, explained that on the day he was dismissed he was in fact not on duty: He picked up the teleihone and tried to connect the Regional Police Commander with someone he wanted to speak to but the latter was absent. When the Regional Police Commander came to the police station he fired Omari on the spot: 9ie came to me and ordered me to stop working and put off all my clothes and I was was chased like a dog." The Regional Police Commander may have powers to dismiss Special Constables without giving reasons, but when things reach a court of law in circumstances as the present ones, the reasons for the dismissals may have to be looked at so as to establish whether or not the allegations said to have been made were false. The Regional Police Commander admitted that police officers were oeing shunted around rather often but this was cecause there had been some trouble in Lushoto district and police officers from there had to be pulled out and this involved transfers of other policemen. It was not established in court, though, that the appellant knew of this reason, so it was not . . . . . . . .13 - - r 115 reanr (ivffic ri) 'OL6T 4 J3qwodc jo .cnp 9 1 09 STql luPP TPr3 so JV G IB j JVOn UT pATIcI oriiu Lza uoq s ~ trnoo tflcq JO OOUOsaO OT4. 6 LLX3q) OUO JO soq 014 94U. O opnir 5u T aq S& 4u v jTaddv Otfl. BtiI OW OT WOOS IT ax-Em p 1 nom SOaIO

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