19710730 TZHC Arusha6

z1 TaZ ii:a cowr w JI1C - HTOR Oomr CRIMINAL ONIBAL no, i IZUiL CRi1UM CA 1-;S1 NO. 17 VP 170 OF 1WA IIZCP A 3orø 1S.L4 Ptrbo, Iq., Rithut NaCiAtrato /'ACÔ133 O, 2 R CLMW1I Robbny with violenoe contry to cootion 283 and 288 of the Ponal (oe. LJ' a WAVOL,1 1 J1 - The appollant wis charead joizt1y with wLher ttith flobbery with vi.Leroe conty to vactioris 25 end 286 at the Pomal; e•. They wore convioted 4nd eiven the tntmu entLnee and tc 11n% ue ppoeied f3thvt conviction nnd netenoe. This grxuio of appeal do not e&tirL Le (t th% the oopli nant an z6b3 and that vio1enci e The only çWfltiOtL in ierL ie whether opeilant wae one of the c4prite. he akin ,ince On the point wen çivn by 'the coipiin&mi who asi4 On the nlled tny I found it rncued tdin near the Obool (Aruehe). Qe wan etundin wit. Mo poach in heM. I asked iim 'the wey leading to )r* Katatio fle told vo that M was to ehow me. Some, 2 people appea"A one bein; 2nd ecce4, 2nd ecGuM Ouked me what una on told me that I hd otolon 4fl ottoho lt acewad had the pouch. 2d aconaed bela i wil let aaouued otarled toearching ray pockvta whilo 2nd aoopned held my hsMe. A!'ter the inoidert they •etertod to run I went nfter let acouveA while ra ising an eler; achool heye cae out nd helped me to cetoJ and artejt him. 2d aocteed -ran 2t the oth.r oids. I can identify tho 2n4 nocueed by hie Sce and olothes he wore that thy* w a s a lleZed tt-the apllrtt was the 2nd aoeaae. The only other ovidonco tplicetibg the mt wao that of PW .4 who eaid that the oomplainant told Me that three poople. had robbed him and that he col4 z identjf, t e 2nd acouvet who had run away. The witneov took a police van witk-the ocip1ainnt und the oomplainani identUiod the ape.1lant he had desoribed him *a being. short of brown celoer and werin e coltLred uhArto The only evidence at to t. e aircumatanoof o4 thcarteet of the eppellent was thefivon by hieeelf. & oid that 1e was zt a bars eoe people entered end, one of tbc pointed to him and euid thVa in the ones 'they 'took him out to a police vin and the complainant the nevie end told he to return the conoy he had robbed. The ppelent give a etory of bie moveme.414 on the dear in qttoetion. The Larnot maitstrate oonrectlr held that the MUin qtAftlti= w&a one -f the idau -tity zfz bixt misdireoted bimeelt when he aait that the complainant pointed out the a pe1lnt an one who took part In the z*ohbery and eain when be held that "it was after an end1ezn effort of going thriib tnny pbUc peaee 'that the complainant picked the 2nd acceed in e group of many opie. 1 do not ee one word to 'thI effQrt in the odncco he police offioer .eid that 'the oomplainant id1U"iOa the ailan't but did not cleacribo the matmer in whiob it was done. It ic not for a witnops to be • erwonolly satinfled an to j4cntificatien but for hi-c to givo evicLevce which the court cau , contlade that 'tore was propr idontifiention. Th jndgrn.nt wider • '. — vtet wan at ame puiAu in fitItUZ thIt tbo t'e oct if h&e V1i that daw Wao ccokxd atory uimod of, defeatlAj the oatioe of uIt4e 0 . ' Ag th1 the p11iM' 4try w ct tr it did not affact tho eueentii poflt or opr Ldentitiou the goint been c'fUj con4rud it uhoald have eez ioun4 tbt Uio prozeoti•on did nt eotblith . ce, Tho avidenoo tok Uiv inttr no furtbe AO it won ocoep+44. 2b floptbUc d4 not Oiv ok., urgc tho burdA 04ot OA It and tho ciwicti on ctpot he s uppor t od. I 'tIl alloo t ho ppai, &iub te ColkvictioAg not 4ui1e tho settenoe and uMer that the int ba immedia- toly ro l oA aa d unlean a t hur wiU6IIibad. Delivered In Cot the 30 -thiay of 3tl', 1971. RM I