19841201 TZCA Mwanza2

IN THE COURT OF APPEk L OF TANZANIA AT lvi WANZA (CORtJvig Nya1aliC. J., Mustafa 9 J. A. and Kisanga 9 J. A.) CRIMINAL APPEAL NO. 4 OF 1984

BETWEEN PIUS (sosPTR) KA.NICK.' . ........... , . . APPELLANT

A ND THERllPUBLIC... ... ..1.,,...,..,.,,RESPONDENT (Appeal from the decision of the High Court of Tanzania at Bukoba) (Mushi, J.) dated the 4th day of November,1983

JUDGMENTOF THE COURT MUSTAFA, J. A. The appellant was a Primary Court Clerk at Ngulla and was convicted of two counts of corrupt transaction c/s 3(1) of The Prevention of Corruption Act and was sentenced to three years and 5 years imprisonment respectively, the sentences to run concurrently, in the District Court of Kwimba District. He appealed unsuccessfully to the High Court, and is now appealing to this Courto On the first count the appellant was alleged to have corruptly received Shs. 300/= to release one Helena PW.l on bail for an offence of affray, and on the second count he was alleged to have corruptly received Shs. 2,000/= to close the file in the said case. There was eyidence, believed by both the Courts below, that the appellant had received the two sums of money hereinabove mentioned and that he gave no receipts for them. The appellant had denied that he had received the said sums of money. As regards the sum of. Shsa 300/=, the Courts below believed the evidence of PW.l and her son Pw.6. Both these witnesses testified •.. -2- to the handing over of Shs. 300/= to the appellant for PW.l to be released on bail. The appellant duly released P.l on bail, on receipt of the said sum but issued no receipt thercfor0 As regards the count involving Shs. 2,000/=, PW.l had testified that the appellant had asked her to produce Shs.4,0001= so as to close the case file against her

before the magistrate who was away, returned. W.J. stated that the appellant told her that unless the money was sent to him hj would order PW.l's arrest and imprisonment. PW.6, who was with Pd.l at the material time, confiniied that evidence. W.l thereupon wont to PW.4 to try to borrow some money for that purpose, but P44 was unable to help. PW.4 confirmed that PW.l had approached him for assistance as stated. PW.l then approached PW.3, an expatriate medical doctor, for assistance. P'I.3 agreed to help and went and saw the appellant and was told by the appellant that he would close the case file on payment of Shs.2,000/=. P.3 paid appellant Shs0 2,000/= and was told by the appellant that the case file against P4.1 would be closed. P.W.3 obtained no receipt. Later Pi.3 had second thoughts and wrote and complained to the District authorities, who commenced investigations, as a result of which the appellant was charged with the two offenccs of corrupt transaction; Both the Courts below believed that P.l, PW.6, PW.3 and Pvi.4 were truthful witnesses, There was ample evidonce for the two courts to,have arrived at that conclusion. The appellant in his appeal before us repeated that he did not receive any money and that he had been framed. This allegation is totally devoid, of merit. In our view the conviction of the appellant on the count involving Shs, 300/= was sound. 1 . 0 ./ 3

. -).j-r•'. 3ici1u - 3 - As regards the conviction on the count involving Shs.2,000/, it could be perhaps argued that PW.3 might have been an accomplice in handing over Shs. 2 9 000/r to the appellant for him to close the case file against P4.1. But the evidence of PW.3 was clearly reliable and truthful, and both the Courts believed him. We have no doubt that if the Courts below had directed themselves to this aspect, they would certainly have accepted the evidence of P14.3 without the need of corroboration, so cogent waij his testimony. However even if corrobo±ätion was required, it could be found in the testimony of PW., who heaM PW.1 demand payment of money for the case file to be closed, wh4ri he a - tended the appellant to pay 111 13 Shs.300/ for F'i.l to be released on bail. In our vic-w thecc4v1i6ton of the appellant on the count 1 involving Shs.2,OOO/= ws;justified. I (& We dismiss t}T .áel.in'is entirety. v ••: DATED at •A11.s :ls"t dr] of December, 19 8 4- \ Y / *7 . L. NYALALI

CHIEF JU S TI CE A. ?4USTAFA

JUSTICE OF APPEAL •R. H. KISANGA

JUSTICE OF APPEAL ce.r this is copy of the original. ( L. A. A. KYA&NDC )

REGISTRAR 4