REPUBLIC v MT 22512 L/CPL NEWTON LAZARO 1991 TLR 153 (HC)

 REPUBLIC v MT 22512 L/CPL NEWTON LAZARO 1991 TLR 153 (HC)

Court High Court of Tanzania - Dar Es Salaam

Judge Samatta JK

15 October, 1991

Flynote

Criminal Practice and Procedure - Revision - Revisional proceedings for correction of

an error of subordinate court. E

-Headnote

In revisional proceedings the High Court judge found that the trial Resident

Magistrate had negligently signed a commitment warrant for the incarceration of an

accused he had acquitted instead of the one he convicted. F

The judge nullified the warrant and ordered the release of the person.

Held: It is of the first importance that those who have the duty of preparing

commitment warrants or approving them by signing them must exercise great care in

discharging those very important duties. G

Case Information

Order accordingly.

[zJDz]Judgment

Samatta, J.K.: It cannot be disputed that most grievous injustice has been done to MT

22512 L/CPL Newton H Lazaro, one of the five accused in this case. On May 28,

1990, the man was acquitted by the District Court of Ilala of two charges namely,

stealing by a person employed in public service, contrary to s. 265 and 270 of the

Penal Code, and unlawful possession of offensive weapon, contrary to s.8(1) of the

National Security Act, 1970. Two of I the man's co-

1991 TLR p154

A accused were convicted and sentenced to imprisonment. The clerk who prepared

commitment warrants in respect of the two men apparently mixed up the name of

one of them with L/CPL. Newton Lazaro's name. The most disturbing result of that

apparent gross negligence was that later l/CPL. Newton Lazaro was arrested and, no

doubt to his utter disbelief, taken to Ukonga prison. He has been there, I am

informed, for several months. This B purported imprisonment must be brought to an

end immediately. Accordingly, there will be an order in the following terms:

The warrant of commitment signed by Mr. Kingambi Hyera, Resident Magistrate, on

28th May, 1990, purporting to C authorize and require the Superintendent of

Ukonga Prison to receive MT. 22512 L/CPL. Newton Lazaro into his custody and

there carry a sentence of five (5) years imprisonment into execution is hereby

declared to be null and D void and therefore having no force in law. MT. 22512

L/CPL. Newton Lazaro be released from custody with immediate effect unless his

personal liberty is otherwise lawfully assailed.

It is of the first importance that those who have the duty of preparing commitment

warrants or approving them by E signing them exercise great care in discharging

those very important duties. I devoutly hope that what has happened to MT. 22512

L/CPL. Newton Lazaro in this case will be a solitary tale in the administration of

justice in this country.

F Order accordingly.

1991 TLR p154

G