valued
at Tanzania
Shillings Two
Hundred
Thousand
(TZS
200,000)
as
compensation.
4.
The
Applicant
appealed
against
the judgment
by
Criminal
Appeal
No.
03/2006 before the High Court of Tanzania at Arusha (hereinafter referred
to as “the High Court”). He subsequently appealed against the decision of
the High Court by Criminal Appeal No. 315/2009 before the Court of Appeal
of Tanzania at Arusha (hereinafter referred to as the “Court of Appeal’). The
High Court and the Court of Appeal upheld the conviction and the sentence
on 9 July 2009 and 24 February 2012, respectively.
5.
On 9 January 2013,
the Applicant allegedly lodged
a Notice of Motion for
Review of the Court of Appeal’s judgment, which was still pending at the
time of filing the Application before this Court.
B.
Alleged violations
6.
The Applicant alleges:
i.
That the Court of Appeal delayed
in hearing his Application for Review
to date;
ii.
That he was wrongly deprived of the right to be heard, specifically that:
a)
He was
trial
deprived
and
appeals,
of his right to legal assistance throughout the
contrary
to
Article
13
of the
Tanzanian
Constitution, Section 310 of Criminal Procedure Act (Cap 20 R.E.
2002) (hereinafter referred to as “the CPA’), and Articles 1, 2, 3,
5, 7(1)(b), 13 and 18(1) of the Charter;
b)
He was wrongly deprived of the right to be heard and to defend
himself;
c)
The charge sheet was defective under Section
132 of the CPA,
because of the variance between the charge sheet and evidence;
and the charge sheet also bore no stamp or signature of the public
prosecutor;