19890414 TZHC Mbeya
The prosecution failed to prove beyond reasonable doubt that the accused were unlawfully prospecting for gold, due to conflicting evidence and credible alibi witnesses for the accused.
- Citation
- 19890414 TZHC Mbeya
- Parties
- Prosecution: The Republic; Accused: Godwin s/o Mwakyoma; Accused: Dick Jonas; Accused: Twagile s/o Mwaankema; Accused: Jaffet s/o Farija
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 14 April 1989
- Procedural Posture
- Criminal / Judgment
- Outcome
- acquittal
- Legal Topics
- Unlawful Prospecting for Gold, Burden of Proof, Evidence Assessment
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Godwin s/o Mwakyoma
Accused
Dick Jonas
Accused
Twagile s/o Mwaankema
Accused
Jaffet s/o Farija
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused were unlawfully prospecting for gold contrary to the Economic and Organized Crime Control Act and the Mining Act
- 2 Whether the prosecution proved the charge beyond reasonable doubt
Ratio Decidendi
The prosecution failed to prove beyond reasonable doubt that the accused were unlawfully prospecting for gold, due to conflicting evidence and credible alibi witnesses for the accused.
Court Disposition
acquittal
Orders
- All accused persons are acquitted.
- Exhibits (one pick axe, five shovels, three wires) to be returned to the Mines Office, Chunya.
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