By Kusekwa Kusekwa
The High Court at Tanga has quashed the conviction and fine of city resident, Faki Shehe Halifa, who was charged with smuggling into Tanzania six Somalis. He was serving a 10-year sentence after he failed to pay the alternative penalty of Sh 20 million in fines.
Judge John Chaba reached the decision after allowing the appeal that Halifa lodged to challenge the judgement against him imposed by the Resident Magistrates’ Court of Tanga.
“It is hereby ordered that the appellant be released forthwith, unless otherwise lawfully held. It is so ordered,” the Judge declared in a judgement delivered recently.
Judge Chaba ruled that the prosecution had failed to prove beyond reasonable doubt that the appellant knowingly and unlawfully trafficked six Somalis into the United Republic of Tanzania, to the standards required by law.
According to the Judge, there existed material discrepancies between the evidence adduced in court by prosecution witnesses and the particulars of offence as shown in the charge sheet, thereby casting serious doubts on the integrity and reliability of the prosecution’s case.
“It is a well-settled position of the law that, where a charge materially conflicts with the testimonies of prosecution witnesses, such inconsistency undermines the credibility of the prosecution case and renders it unproven to the requisite standard,” he said.
The court had heard that on August 19, 2022, at Lusanga Village within Muheza District, Tanga Region, the appellant was allegedly found trafficking Mahad Ali, Hussein Mohamed, Hassan Hassan, Abdi Dhiblawe, Abdi Mohamed and Mohamud Hassan, all Somalis.
