Shabani Matondo v. R., Crim. App. 926-M-68, 22/1/69, Seaton J.

 

Shabani Matondo v. R., Crim. App. 926-M-68, 22/1/69, Seaton J.

            The applicant was convicted on unlawful possession of diamonds c/s 3(1) of cap. 129, the Diamond Industry Protection Ordinance. He was sentenced to 18 months imprisonment. After notice of appeal had been given, before copies of the record of proceedings and judgment could be obtained, the case file was lost. The applicant then requested that the conviction and sentence in the original criminal case be quashed and set aside and a re-trial ordered.

            Held: (1) The applicant’s request is in accordance with the procedure followed in Haiderali Lakhoo Zaver (1952) E.A. 244. “In that case the trial Court record disappeared after the appeal had been filed and before hearing of the appeal. The High Curt of Uganda ordered that the finding and sentence appealed from be reversed and that the appellant be retried by the Resident Magistrate at the earliest opportunity, upon the same charges as were preferred at the previous trial. They also directed that the appellant be rearrested on the appropriate charge. The East African Court of Appeal upheld this order on appeal. With respect, I would agree with the learned State Attorney that the case cited is sufficiently analogous to provide a guide to the procedure that should be followed in the present case”.

                        (2) Conviction and sentence quashed; applicant to be re-arrested and retried.