tried was unwarranted particularly because there does not appear to have
been any extended police investigations of the crime.
*
130. The Respondent State did not specifically respond to this issue but
generally submitted that it did not violate Article 7 of the Charter, since the
proceedings during the trial were fair, with all requirements met as
envisaged under this provision and that the prosecutions in the original
Criminal Case No.8 of 2004 and Criminal Appeal No. 230 of 2010, were
conducted in accordance with the governing laws and procedures.
***
131. The Court notes that Article 7(1)(d) of the Charter provides that everyone
has “the right to be tried within a reasonable time by an impartial court or
tribunal”.
132. The Court notes that in the instant case, the timeframe being contested by
the Applicant is the period between his arrest and commencement of the
trial. The records on file indicate that after the Applicant was arrested on 31
August 2003, he was charged with the offence of murder. On 10 November
2004, the Applicant and his co-accused entered their plea before the High
Court of Tanzania at Karagwe. The trial commenced at the High Court of
Bukoba on 22 July 2010, and a voire dire (trial within a trial) was held to
determine the voluntariness or otherwise of the extra-judicial statement
submitted by the Applicant’s brother and co-accused Evaristo Lazaro. The
Court held that the extra judicial statement was admissible evidence and
ordered that it be tendered as evidence. The main trial was concluded on 6
August 2010. On 12 August 2010, the Applicant filed an appeal to the Court
of Appeal. The Court of Appeal began considering the appeal on 25
November 2011, and dismissed it for lack of merit on 28 November 2011.
36