(b)
where
the
accused
appears
on
any
subsequent
date
to
which
the
proceedings may have been adjourned, the proceedings under this section on
the day or days on which the accused was absent shall not be invalid by reason
only of his absence.”
28.
Following the dismissal on 23 March 2000, of the Applicant's
Appeal to the High Court of Tanzania at Moshi in Criminal Case
Number 82 of 1998, the Applicant filed his Notice of Appeal at the
Court
of Appeal
of Tanzania
at Moshi
on
the same
date.
The
Applicant subsequently filed his appeal on 17 Apri! 2003, which was
registered as Criminal Appeal Number 153 of 2003.
29.
In order to prosecute
this appeal,
on
23
April
2003,
the
Applicant wrote to the High Court requesting for the court record of
the proceedings at the High Court in Criminal Case
1998.
Appeal
On
27
January
2004,
requesting the same,
the Applicant
wrote
Number 82 of
to the
Court
of
and again on 5 August 2004,' to the
Registrar of the High Court at Moshi. On
13 September 2004, he
wrote a letter to the Registrar of the Court of Appeal
copy of the court record of proceedings
requesting a
at the High Court.
On
12
October 2004, the Applicant filed a complaint with the Commission
for Human
Rights and Good
Governance of Tanzania for failure to
be furnished with copies of the court record.2 On 17 June 2005, he
wrote a further letter to the Registrar of the Court of Appeal regarding
1 This is the letter wherein the Applicant makes reference to the letters of 23 April 2003
and 27 January 2004.
2 This is deduced from the Commission’s letter of acknowledgment dated 23 November
2004, of the Applicant’s letter of 19 October 2004.
OW
7
Win
14