19831104 TZHC Arusha1

JT ThE HIGH C00112 0 TJZ.NIJi iT JtRuS:L. .. 0 EIGH CO URT 1.INIL iiTEiL NO. 75 OF 1978 • ORIGI1LCiILflTLL CiSE 1224 of 1977 • OR THE DISTRICT COtTRTOF M0SI DISTRIOT 'T ..iJOSHI. ISSfi.I ....... . . . . . . ..... .JELL4NT VJiR3US: . TrIE REUBLIC. ......... ... ... ...... RESIODENT £ JTJDG' II N T J.CD'oaza L.G. JUDGE. JhJs rn ap)e -i1 by one ta $wai who was on 15.2.78 convicted of corrut±.on.c/s 3(2) i even ion of Corruption Act. 1971 and sentncd to the riandatory thre years 1fpr1sonennt. The appeal as fi1d by one f Nsik. Eoq, dirocte on 10.5.78 . On 2/6/79 the Hh Court Ro siy received a lctter doted 21/6/79 irc fir, P. Hsiska informing the court thot ne was witherwi [roil the a)peal for 1acc f inotrtiction The saiie \JaO cofaed to the 'ri'orls officct, ICrana rison for infor otion of bho appellant. A rhiS coL..nsel had iithdraw fl froa the a -'pcal, on 11/8/79 the apol1ant as served in person withn tice Of hearing of th appeal • IIc endorscd it that he c'ic' not \n.sh -bo be pcent anö insitec that his advocate reprcscnt.him. six hering dates were fixed but the epca1 could not takô off as serf o ws not efeôtd on th a1o11ant. The appellaht, at th test, nu.s hove been relea - from prison inThbrua'y:j9$J.I,añd ince then this coux does not even have 1s addre for ervicc. For couplicnco with 5.318 Crimnel ocedure (rdo it is a pro - reguisito that the court shoJ.dhaveUw t.Lidress for

s;rvice of the alpellant. The duty o providing 0,.ch address; or of n:tif'yin changes therc..n, rests oft ­U4 appellant. He has failed, to - dièchargc batdutyan ther than striking off this anpa1 I. ordered or. 23.9.83 that it proceed exparte I then resorvod my reaons they are as bove stated. 1,.-, The evidence of the. f-;. seeution 'as e.entia1ly 'that o± .... • three 7itnesses - P71. ThI3ctor Mchoiba, I2 nspcctor I.aya and Vi3 7.. 307 D/Cpl. El.zjetb Of iehree, the main witness is Inspector Mchoa He told the o12rt that on. 12.12.1977 he was acting'itrict Cfficer Iloshi. On that day appellant's dàhter ws,in• .tLe custody suspected to have unalawfully aborte \ her .Df1 c1 'I d ri, on • 0' appellant's request granteher bail. On • /2.77 the •. appellant cane to P'7l's off:ce and regues - d 1 not to send the girl to court. He hand I7l a newspE er and told him he would find his present in.the newspaper, fij. opened the newsapr and forrnr r\nn nato of shs,1001= kh(:1'ein. He kept the ncvispaper on the desk an ' told the app1ant to wait. P1l th H'ned the other 'tvio prosecuUoL witnesses and 0 I they both cane to the office. \ • ,• . • . •.•6, . . . . . PW2 a4 3 then asked Pw2 and 3 then asked the appellant 1:i,at his jroble was and e told then that he was praying to EW1 not to take his dawhter to court. P\7l then asked the appe1lnt about the newspaper and at that tage the pellant

gra'b'ed the newspaper iron the de- - • 'sk and tried to tear itu. On PW2s orders he .stpped tearing .. -4 up the newsaper • The appellant asked forpardon but the three police oficors tood firri. IQ.flis defence , the aepellan aduite that on te day n question he went 10 P71's officeThut states that he-went to .5 coiaplain about the delay in taking hi diigIxter1to dóirt. He denied havng one into the office with the newspaper with shs.lOO/ in it. THe stated that the prôsecatioii itñes ;es had franed hiia i as when he eiitered PW1t s office the neWspaër was on the desk already. The trial court be]ieved the ;: S prosecution witnesses and- disbelieved the appeI1aw. On the facts I find ;.-.e was quite entitled to do o... - The apellant story that he went to the office of PVl to conplai.i. as to why there was a- delay in taldng his daugiter to court sounds P. and is contrary, tz - nornal hunn behavior especial1yconsidering tht the 'l ias already oat on bail. r,Wl did not knobhat appellatis doii -rig to see hin and he (PWl) - would be a vél'y nasty man,to iLave kept the ne'1s)aper withs 100/= in it on his desk 2 thethe appellant cone in and be trppod. Th spellant i& n old a of over 66 years and I find if ineonc yble that iithoat any notive or previous quarrel the hre ilice officers VJLILi1d. set such a trap for this old man who elready had enough tr.ubles in the world. This ia one of

those fe% i cases iere th I believe that bhe coxrt could safely convict on the - le evdence o' police offcers i a corr -Lion cse as the evdcnce as cogent and fron the circtunstancce one can se1y, eluu.aae any danger that it was , frae up. This ecaJ 15 accodiily tereed in ts tirety. 4 J .C .D t O1ZA AG. JUDGE 4/11/33 Delivered te 4/11/83 In Lxe absence o the parb.s who are to be duly noified by the TJis -brct Reitrar. J C.D'JZ AG. JUDE 4/11/83 JCSD/sau, - -. V.- S _-_•_/. - 5 S .. -. •. S - - - -- S - -