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.
When the defence opened its case 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 bail.
The application was granted and the matter proceeded under
Section 226 of the Criminal Procedure Act. This 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, wherein he was convicted of armed robbery and
sentenced to thirty (30) years imprisonment under the Minimum
Sentences Act No.1 of 1972 as amended by Miscellaneous
Amendment Act 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, with a total value of Tanzania Shillings One
Hundred and Fifty Thousand (Tshs.150,000/=). The Applicant
12
(!!____/