R. v. Hamadi Ali Omar, Crim. Case 1148-Pemba-65, 13/1/66, Inspection Note No. 2 of 1966 by Saidi Ag C. J.

R. v. Hamadi Ali Omar, Crim. Case 1148-Pemba-65, 13/1/66, Inspection Note No. 2 of 1966 by Saidi Ag C. J.

The accused was acquitted by the trial magistrate after a summary trial. The record of the case contained in sufficient particulars about what had transpired in the lower court.

            The Court noted; “In summary trials the names of the prosecution witnesses as well as a brief outline of the defence of the accused should be shown on the file. This will protect the trial court from false allegations by the accused when he appeals against conviction. The accused could easily say tat his defence was not considered or his witnesses were not called or examined by the court, and the appellate court cannot fairly check upon allegations ….. If there are no notes.” (Citing Criminal Procedure Decree, Cap. 14, s. 167.)