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Court of Appeal meets, fails to hear paroled petitioner`s case
2008-02-07 09:16:46
By Correspondent Timothy Kahoho
The Court of Appeal sitting in Dar es Salaam yesterday could not proceed with the hearing of a criminal appeal lodged by a prisoner as the appellant had already been released on parole.
No sooner had the court`s panel been properly constituted and the court process set in motion than Advocate Bundala Kalolo informed the Court that his client Yohana Saidi Bwire who had appealed to the highest court of the land, did not appear before it on Monday as slated because he had already been released from Ukonga Prison under the parole procedures.
The counsel was informing the three Justices strong panel comprising Chief Justice Augustino Ramadhani and Justices Angela Kileo and Nathalia Kimaro.
The record of the case indicate that the prisoner was sentenced to a seven year imprisonment term on July 12, 2004 for manslaughter by the High Court of Tanzania in Dar es Salaam.
The appellant was charged on18th September 1998 with unlawful killing without malice aforethought of Abdallah Said Nyomboke at Msimbu Village in Kisarawe District, Coast Region.
However, Kalolo had on January 16, 2005 filed Criminal Appeal No.157 of 2005 in the present court, challenging the sentence imposed on his client.
In the memorandum of appeal he argued that the trial court erred in law by sentencing the appellant on insufficient and contradictory evidence.
However, in the wake of the fact that his client was already legally out of prison, he could not present submissions before the panel and, instead, he applied to withdraw from the appeal.
In that case the state was represented by Principal State Attorney Hilda Kabisa, assisted by Senior State Attorney Obadia Kameya.
``My Lord, as the appellant is not present in person for his case and has already been released, I pray for withdrawal of the appeal,`` Kalolo prayed.
At that juncture the CJ proceeded to invite state lawyers to state their position regarding the application, which application was consented to by both state lawyers as they raised no objection.
In the circumstances, the CJ then asked Justice Kileo to make a pronouncement on the matter.
Justice Kileo said the court had agreed to the prayer made by the appellant`s lawyer and ordered the appeal be marked withdrawn.
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