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Given the impossibility of reconstructing the trial record and the seriousness of the offence, the only viable remedy is to quash the conviction and sentence and order a retrial, rather than acquittal, to serve the interests of justice for both the appellant and the victims.
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The Court of Appeal quashed a rape conviction and sentence after the trial record could not be reconstructed, making a fair appeal impossible.
The High Court quashed a conviction and set aside the unserved sentence after finding the original record was missing, irretrievable, and appeal rights had been frustrated.
Given the irretrievable loss of court records, the appellant's lengthy incarceration, and lack of fault on the appellant's part, the conviction and sentence are quashed and the appellant is to be released, as a retrial would not serve the ends of justice.
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The applicant's constitutional and statutory right to appeal was blocked by the disappearance of the trial court file, for which he was not responsible. In the interests of justice, and as retrial was not feasible, the only remedy was to acquit the applicant and set aside his conviction and sentence.
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The High Court quashed a conviction for defilement after the original trial record was lost, making review of the evidence impossible. It declined retrial and ordered release.
High Court held that missing original records and a defective primary court judgment made the lower-court proceedings a nullity, ordering a de novo retrial in the District Court.
Both the loss of original records and the violation of procedural rules regarding assessors' opinions in the primary court render all proceedings, judgments, and orders of the lower courts a nullity, necessitating a retrial de novo before the District Court.
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Both the loss of original records and the failure of the Primary Court to comply with mandatory procedures for consulting assessors render all proceedings, judgments, and orders of the lower courts a nullity. The matter must be retried de novo before the District Court, with no fresh fees required, as the court is at fault.
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Both lower courts' proceedings, judgments, and orders are declared a nullity due to loss of records and violation of Rule 3. Trial de novo is ordered before the Kinondoni District Court, with leave granted by the High Court.
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