R. v. Bakari Abdu, Crim. Case 977-M-68; (and 6 other cases); Inspection Note, 29/11/69, Seaton J.
Noted: (1) “I have noted from the fields of these cases that there have been numerous adjournments in some of them. This has led to complaints from the accused who are being kept in remand
prison. It is evident that the adjournments have been at the request of the prosecution. It has not been the fault of the trial courts …… nevertheless; such delay is felt as hardship by the accused. It seems that in some cases, bail conditions have stipulated that sureties must be residents of Mwanza town. This may be a difficult condition for all accused to meet. In such cases where the accused come from the rural areas, the trial court may consider whether such conditions may not be eased. A respectable peasant, possessing property in cattle or land, may often be as acceptable a surety as a town resident.” (2) “I would also like to mention particularly on case, in which a re-trial was ordered over a year ago; this seems to be one in which delay has been most striking. If prosecution witnesses are no longer available, the prosecution should consider withdrawal and discharge of the accused persons, who are four. They can always re-institute proceedings later. That will be fairer to the accused than keeping them as now has happened, in continual custody for such a long period.”
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