Daniel Sikumbili vs Republic DC Criminal Appeal No

IN THE HUGH COURT CF T;«NZAMA

AT MBEYA /J PELLETS JLTvI SDICTL ON (Mbeya Registry) DC, CI1MENAL iUTE-iL NO. 50 OF 2004 (Original Criminal Case No. 119 of 2003 of the K • t District Court of Mbozi) DATfLEL S/0 SLKUMHELI ..........«.... APPELIuiNT

VERSUS THE RE! U 3 L I C ............. RESPONDENT

JUDGMENT MACKANJA, J. The appellant vns convicted of .giving false information tova person employed in the public service c/s 122 (b) of the Penal Code. It was alleged that he falsely informed one SSP. Alfa Maloti, the Police Officer Commanding Mbozi District, that a non-commissioned Police Officer known as C. 68o6 Cpl.,Edward of Kamsamba Police * . r• • ' » Station had received a bribe from a criminal suspect as an induce­ ment to forestal criminal charges against him (the criminal suspect). Mr. Malata, learned State .=Attorney, has informed me that the Republic declines to .support -the conviction. ,The. evidence upon which the appellant was convicted is to the following effectc On 4th-March, 2003 Daniel Tembo (DW.2), the Kamsamba Village Chairman, was in the company of Gervas Muhogo, the local councilor, when Athanas Majaliwa a.k.a. Masua (PW.2) joined them. PW.2 was carrying a letter in which the author was complaining to PW.2 that the said author, who happened to be Athanas Majaliwa, the criminal suspect, had his farm searched. That as a result of the search bh?og was found in that farm. He was complaining to IW.2 that the .alleged recovery of bhang from his farm was untrue. Although, therefore, Athanas Masua denied tc have lodged a complaint with LW.2, the letter he wrote belied him. However, for reasons which are not apparent in the record of the trial courts

proceedings, that letter was not produced in evidence* In fact, allegations which were raised against the appellant by Cpl. Edward (HV.4) that the appellant the latter had complained to the Regional I-dice Commander against the Kornsamba Officer Commanding Station were sheer hearsay,, what happened, according to the 0 oC.D#, who featured as 1-W.6, is that he was directed by the A.I.C. to investigate a complaint to the effect that Athanas Majaliwa a.k.a. Masua had given a bribe of Shs. 300,000.00 tc the Kamsamba C.C.S., Cpl* Edward. It was the said Athanas Masua who had sent a letter of complaint to the K.I.C. and'that, even according to the appellant, Athanas Masua had asked the appellant to ♦ write that letter. However, when the O.C.D. confronted Athanas Majdiwa in an interview Majaliwa falsely denied to have written the letter accusing the C.C.S. of receivding a bribe from him. So, the evidence, assessed carefully, shov/s that the letter of complaint was indeed authored by the appellant at the request of the i • ■* said Athanas Masua. If there was any false information in that letter the blame belongs to Athanas Masua. It is in this circumstance that I agr.ee with Mr. Malata, learned State Attorney, that the prosecution failed tc prove the charge against the appellant* In the result, the appeal is allowed® Consequently, the conviction is quashed and the sentence is set aside. The appellant is discharged forthwith. Sgd, J. M. MuCKANJA

JUDGE . 1-5/10/2004 Dates" 25/',j/2004 Coram: B. Bcrigole', D-.iVj - Appellant:- I-resent For Ixepublics- Mr c Boniface2 S^Ao ~ t’ resent c/c Mrs® Mpc-nzi Cour t J u d g m e n t delivered*, Sgd. S. B. Boncole, D.ft. 25/10/2004 Certified true copy of the original*