THE Director of Public Prosecutions (DPP) has lost the appeal at the Court of Appeal faulting an acquittal of three forestry officers, who allegedly received 4m/- bribe from pastoralists for grazing 88 cows at Mkungunero Game Reserve.
Justices Rehema Mkuye, Winfrida Korosso and Omar Makungu ruled in favour of Steere Temanao, Nginanu Olodomunge and Daud Kiyala, the respondents, after dismissing the appeal under which the DPP, the appellant, had lodged against the ruling of the High Court.
"We agree with the ruling by the first appellate court that the appeal was filed out of time. Having so found, we dismiss the ground of appeal and the appeal is, therefore dismissed," they declared in the judgment delivered at the Dodoma Court Registry recently.
During hearing of the appeal, the appellant had opposed the decision reached by a Resident Magistrate, who heard the first appeal under extended jurisdiction and dismissed the same for being filed out of time.
He contended that the first appellate court erred in law by not considering the fact that the Director of Public Prosecutions had complied with the provisions of section 379(1) (b) of the Criminal Procedure Act.
On the other hand, it was submitted by the counsel for the respondents that the ruling of trial court was delivered on September 30, 2019 and on October 4, 2019 the appellant filed a notice of an intention to appeal and requested to be supplied with a copy of ruling and proceedings for the purpose of appeal.
He went on to submit that on April 9, 2020, the appellant through the person who prosecuted the case before the trial court was supplied with the documents and on June 15, 2020 the petition of appeal was filed which was 67 days beyond the proscribed time.
In determining the appeal in question, the justices were of the firm view that the learned Magistrate was justifiable in dismissing the appeal.
Before the Court, they said, the appellant's counsel denied that the person who prosecuted the matter before the trial court did not receive the documents on April 9, 2020 for the reason that the court issued another copy on them on May 23, 2020 which was the basis of the DPP's appeal.
Such counsel, according to the justices, also told the court that no proof of service shown that the person who prosecuted the bribery case during the trial from Prevention and Combating of the Corruption Bureau (PCCB) received the documents on that date.
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It was their findings that the appellant's counsel argument had no basis because the issue was not raised during the hearing of appeal in the first appellate court.
"This means that the appellant failed to establish his claim as guided by the basic rule that he who alleges has the burden of proof as per section 110 of the Evidence Act. We accordingly agree that the appeal to the High Court was filed outside the prescribed time," the justices ruled.
The respondents were charged with the offence of corrupt transaction. It was alleged that on diverse dates between June 29 and 30, 2018 at Mkungunero game reserve the respondents solicited corruption of 4m/- from two Pastoralists.
According to the prosecution, each of them were required to pay 2m/- as an inducement so that they may forbear to the legal action against them for grazing 88 cows at Mkungunero game reserve without having permit.
