Hasani Abdalla Mbaga v. R., Crim. App. 6-A-68, 9/2/68, Seaton J.

Hasani Abdalla Mbaga v. R., Crim. App. 6-A-68, 9/2/68, Seaton J.

Accused was convicted in same of stealing by servant. The prosecution called witnesses from widely scattered parts of Tanzania. When accused requested that a witness be called from Morogoro, the court agreed to do so only on condition that accused first deposit funds in court to meet the expenses of this witness. The witness appeared and testified.

            Held: (1) There is no authority for imposing such a condition upon the calling of a witness. Section 173 of the Criminal Procedure Code permits costs to be ordered against accused after conviction, but his power is exercised only in exceptional circumstances. [Citing the Municipal Council of Dar es Salaam v. A. B. de P. Almeida, (1957) E. A 244.] To  permit such a condition to be imposed prior to conviction might inhibit an impecunious accused in the conduct of his defence. (2) The procedure did not prejudice accused. Appeal summarily rejected.