FIDELIS TINDWA v REPUBLIC 1985 TLR 130 (HC)

FIDELIS TINDWA v REPUBLIC 1985 TLR 130 (HC)

Court High Court of Tanzania - Mtwara

Judge Msumi J

April 6, 1985

MISCELLANEOUS CRIMINAL APPLICATION 4 OF 1985 E

Flynote

Criminal Practice and Procedure - Bail - Bail under the Economic and Organised

Crime Control Act 1984 - Application for bail to the High Court not sitting as an

Economic Crimes F Court -Economic and Organised Crime Control Act 1984,

ss.29(4) and 35(1).

-Headnote

The applicant appeared before the District Court charged with cattle theft, an offence

scheduled as an economic crime under the Economic and Organised Crime Control

Act, G 1984. He applied to the High Court for bail. The application was made under

s. 35(1) of the Act but the High Court was not sitting as an Economic Crimes Court.

Held: (i) Applications for bail under s.35(1) of the Economic and Organised Crime H

Control Act, 1984 are entertainable by the High Court only when sitting as an

Economic Crimes Court, and after the accused person has been arraigned in that court

properly constituted;

(ii) the application in this case ought to have been filed under s.29(4) of the

Act; I all the same the error committed here did not cause an embarrassment to the

prosecution.

1985 TLR p131

MSUMI J

Case Information

Application allowed. A

No cases referred to.

L. Haule, for the applicant

Judgment

Msumi, J.: Applicant stands charged in the District Court of Songea B with one

count of cattle theft contrary to sections 265 and 268(1) and (3) of the Penal Code.

This is an economic offence as listed in the First Schedule of the Economic and

Organised Crime Control Act No. 13 of 1984. The sanction of the Director of Public

C Prosecution for the arraignment of the applicant before this court sitting as an

Economic Crimes Court has not yet been obtained. The applicant is thus requesting

to be released on bail pending the said sanction of the Director of Public Prosecution.

But erroneously the learned defence counsel, Mr. Haule who prosecuted this

application on D behalf of the applicant has filed the Chamber Application under

section 35(1) of the Economic and Organised Crimes Act. With respect, this is

wrong. Application for bail under section 35(1) is only entertainable by this court

when sitting as an Economic Crimes Court. And the composition of such court is one

High Court Judge plus two lay members. And secondly bail application under section

35(1) is sought after accused has E been arraigned in the economic court. The

application ought to have been filed under section 29(4) of the Act. I am of the

opinion, however, that this error did not cause any embarrassment to the prosecution.

But the learned defence counsel is warned to take note to this exposition of the law

for his future guidance. F

It has been deposed in the affidavit that applicant is a man with known place of abode

and has some reliable persons who are ready and able to stand surety for him. And

the applicant has been in remand custody since December last year. In the prevailing

circumstances it is quite likely that it will take longer time before accused is

committed G for trial before this court. The learned Senior State Attorney who

appeared for the Republic had nothing to say either against or in support of the

application. He said he had no communication from the police in Songea hence he is

ignorant of the whole case.

From what has been deposed so far, I am certain that accused will appear in court for

H his trial if he is released on bail. I am farther of the opinion that it is not for

interest of justice that he should continue to be in incarceration. This application is

therefore granted. Accused is granted bail on the following conditions. He should

execute a bond of Shs. 50,000/= and produce two reliable sureties who will each sign a

bond of Shs. I 50,000/=. Accused and his sureties to appear before the Resident

1985 TLR p132

Magistrate in charge Ruvuma for the execution of the bonds. A

Application allowed.

1985 TLR p132

B