PROCEDURAL irregularities have saved a resident of Sengerema in Mwaza
Region, Emmanuel Malobo, from being hanged to death for allegedly
killing his girlfriend, Rehema Magee, who allegedly refused him conjugal
rights in their relationship.
Instead, the Court of Appeal ordered a
re-hearing of the murder trial after it nullified the proceedings,
conviction and the death sentence imposed on Malobo, the appellant, by
the high court on July 21, last year.
Justices Edward Rutakangwa, Salum
Massati and Stella Mugasha noted some irregularities in the proceedings
of the trial court, including the matter being heard by two judges at
different stages without the successor judge assigning reasons why he
had taken over the conduct of the trial.
They pointed out that section 299 (1) of
the Criminal Procedure Act sets out two necessary conditions that must
be met before a trial proceeds before a successor judge, including the
reason that should be made known to the accused person why the
predecessor could not complete the matter. T
he second condition, according to the
justices, the accused must be informed of his right to re-summon the
witnesses or any of them if he so wishes. They said, however, that the
successor judge also has the discretion to re-summon witnesses.
“But in the present case not only no
reason was recorded for the takeover, but also there was no record that
the accused was informed of his right to recall witnesses. So both
conditions were breached,” the justices observed.
They were, however, quick to point out
that the purpose of section 299 (1) of the CPA, in particular, the
requirement for giving reasons for the change of hands was intended to
promote transparency and minimise chaos in the administration of justice
and, thus, enhance the integrity of judicial proceedings.
source-www.dailynews.co.tz
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