R. v. Ahmed Misc. Crim. Cause 27-D-70; -/10/70; Saidi, J.

R. v. Ahmed Misc. Crim. Cause 27-D-70; -/10/70; Saidi, J.

The applicant was applying for bail for the fifth time. He stood charged with conspiracy to defraud the Government of Tanzania of Shs. 886,000/- by claiming extra payment over a contract of Shs. 347, 915/80 and corrupt transaction by an agent in that he had corruptly given a Marcedes Bonz to  one Haining a Government Engineer (now convicted of corruption) to induce him to show favours to  his firm. It was agree that applicant had been in custody too long and that this detention made it difficult to prepare for his defence, and that some European accused with whom the applicant was charged had got bail. Bail was oppressed because the offences were serious and carried heavy sentences.

            Held: (1) “In Abdallah Nassor v. R. 1 T.L.R. 289 at pp. 292 Wilson, J. while dealing with a similar application made the following observation:- “English courts have frequently laid down that the proper tests of whether bail should be allowed is the probability that the accused, if granted bail, will appear to take his trial and not seek to evade justice by leaving the jurisdiction (2) In criminal law an accused person is presumed innocent until and unless he is proved guilty and on this consideration most persons charged with the majority offences are allowed bail pending their trials. However, the proper test whether bail should be granted or refused is whether it is probable that the accuse will appear to take his trial. Mr. kapila argued that Mr. Zahir ahmed cannot abscond as he has no traveling papers in his possession at the present moment. My brother Hamlyn J. had stated in Para 2 of his Order: “but there is some consideration of the applicant’s failure to appear at the trial. There are places not far distant to which he could presumably go without papers.” I am in full agreement with my brother Hamlyn J. on this most important issue. (3) “The offences with which Mr. Zahir Ahmed is charged are serious and in one of these another person alleged to have corruptly received a car from his has been convicted and is serving sentence. These are definitely issues that are likely to induce Mr. Zahir Ahmed to jump the bail if it is granted. This Court is well aware of recent cases of persons who have jumped bails and were not available for trial despite the fact that their passports had been surrendered to police. One of these stole an aeroplane by means of which escaped, although has passport was lying at the police office.” (4) The applicant has not been denied bail because he is of Indian origin. (5) Bail refused.