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Tanzania decisions
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The High Court allowed a criminal appeal after finding fatal procedural defects in the trial, including failure to properly swear or affirm the interpreter and accused.
The High Court granted an application to extend time for filing a criminal appeal, accepting that the applicant’s prison transfer prevented a timely notice of appeal.
Given the credible evidence of threats and intimidation against prosecution witnesses, their close relationship to the respondents, and the existence of a criminal syndicate, the court finds it necessary and lawful to grant protection measures under section 188 of the Criminal Procedure Act to ensure the safety of witnesses and the integrity of the trial.
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The High Court dismissed a criminal appeal, holding the appellant failed to prove sufficient cause for non-appearance and that the lower courts were right on restoration procedure.
The High Court of Tanzania at Manyara granted an extension of time to appeal, finding the applicant’s incarceration and prompt signing of documents justified the delay.
The applicant's delay was caused by circumstances beyond his control as a prisoner, including lack of access to documents and inability to follow up on his appeal, which constitutes good cause for extension of time under section 361(2) of the Criminal Procedure Act.
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The High Court granted the applicant an extension of time to file an appeal, after finding his affidavit uncontested and accepting that the judgment and proceedings were supplied late.
The trial magistrate correctly applied section 228(4) of the CPA when the appellants refused to plead due to absence of their advocates, and there was no violation of the right to be heard. The prosecution was ready to proceed with witnesses at the appropriate stage, and there was no abuse of power by the DPP in re-arresting and re-charging the appellants. The alleged extraneous matters in the trial court's ruling were judicial comments and not the basis of the decision. All grounds of appeal lack merit.
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The trial court lacked jurisdiction to try the appellant for an economic offence as no DPP's consent or certificate was filed or admitted in the record; thus, the proceedings, conviction, and sentence are nullities and must be quashed.
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The court held that concealment of witness identities and related materials is necessary, justifiable, and does not violate fair hearing principles, given the threats to witnesses and the statutory provisions allowing such protection.
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