case on 12 June 1997. The Applicant was present throughout the
prosecution’s case. The defence opened
its case on 24 June 1997
and finalised the same on 25 June
1997.
25.
its case
When
the
defence
opened
on
24
June
1997,
the
Applicant was absent and the prosecution applied to the trial court
that the trial should
proceed
under Section
226 of the Criminal
Procedure Act and that the Applicant be arrested for jumping
The
application
Section
226
was
of
granted
the
and
Criminal
the
matter
Procedure
proceeded
Act.
This
bail.
under
provision,
specifically Section 226(1) thereof, allows the trial court to proceed
with a hearing that had been adjourned, if an accused person is not
present when the trial resumes.
On 25 June 1997, the trial court
ordered that a warrant of arrest be issued against the Applicant, and
his sureties be summoned to show cause why their bail bond should
not be forfeited.
The
record
shows
that the Applicant
had
been
admitted to hospital on 20 June 1997, suffering from extra pulmonary
tuberculosis
and
asthmatic
statae.
He
was
hospitalised
until
21
February 1998.
26.
On 30 June 1997, judgment was delivered in the absence of
the Applicant,
sentenced
Sentences
wherein
he was
to thirty (30) years
Act
No.1
Amendment Act
of
1972
convicted
of armed
imprisonment
as
amended
robbery and
under the Minimum
by
Miscellaneous
No. 10 of 1989. He was also to receive twelve (12)
strokes of the cane. The Applicant and the first co-accused were also
ordered to pay compensation in respect of the stolen properties yet
to be
recovered,
Hundred
and
with
Fifty
.a total value
Thousand
of Tanzania
(Tshs.150,000/=).
we
Shillings
The
One
Applicant
12