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Tanzania decisions
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The High Court reviewed and corrected bail conditions, excluding a non-economic co-accused from burden sharing and resetting the deposit and bond terms.
The trial court properly convicted the respondents and considered both prosecution and defence evidence. The High Court erred in finding otherwise and in holding that failure to consider written submissions was fatal. The prosecution proved its case beyond reasonable doubt on all relevant counts. The Court of Appeal restored the convictions and sentences imposed by the trial court.
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The appellant was not a public servant at the time of the proceedings, so administrative or civil remedies were not available. The trial court had jurisdiction to entertain the criminal matter, and the preliminary objection had no merit.
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The prosecution proved beyond reasonable doubt that the appellant abused his position and occasioned loss to the authority; direct evidence from witnesses and documentary exhibits established the offences; failure to produce certain physical exhibits or call the agent was not fatal given the totality of the evidence.
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High Court ruling granting bail to an applicant charged with conspiracy, tax evasion, and occasioning loss to a specified authority, subject to strict conditions.
Applicants are entitled to bail as offences are bailable under EOCCA; bail is a constitutional right and presumption of innocence applies. Bail conditions must comply with EOCCA, including deposit of half the value of subject matter and sureties, to be verified by trial court.
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The High Court granted the applicant bail in a corruption and economic crimes matter, subject to cash deposit, sureties, reporting, and travel restrictions.
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