director of public prosecutions vs hamida mussa another 2005 tzhc 295 22 march 2005
The subordinate court erred in acquitting the respondents under section 225(4) of the Criminal Procedure Act, 1985, as the law only allows for discharge, not acquittal, after 60 days without a certificate. Further, a preliminary hearing is not a hearing of the charge under section 222. The proceedings were not rendered a nullity as no miscarriage of justice was shown. The lower court failed to exercise its discretion judiciously.
Source excerpt
- Corruption offences
- Dismissal for non-appearance
- Powers of acquittal and discharge
- Preliminary hearing
- Adjournment procedures