THE Court of Appeal has ordered the immediate release from prison of a resident of Mtwara Region, Steven Salvatory, who was implicated in armed robbery having been caught peeping a woman while taking a bath.
Justices Augustine Mwarija, Mwanaisha Kwariko and Lugano Mwandambo ruled in favour of Salvatory, the appellant, after allowing his appeal he had lodged against the findings of both the district court and the judgment delivered by the High Court, which had upheld his conviction and 30-year jail term.
“We find merit in the appeal and we hereby allow it, quash the conviction and set aside the sentence meted out against the appellant. We order the immediate release of the appellant from prison unless he is continually lawfully held,” they declared in their ruling.
During hearing of the case, the trial court had relied on the appellant’s cautioned statement to convict him of two counts of conspiracy to commit an offence and armed robbery.
The appellant’s coaccused were acquitted at the trial stage and at the High Court level.
In determining the appeal, the justices of the appellate court took into consideration two issues, one on whether the appellant’s cautioned statement was properly relied on in convicting him and two, whether the prosecution proved the commission of the offence beyond reasonable doubt against the appellant.
According to the justices, it was clear that after the cautioned statement was tendered and cleared for admission, the third stage of being read out in court so that its content could be heard by the appellant had not been completed.
“Thus, (such a statement) was improperly admitted in evidence. For that reason, we accordingly expunge it from the record,” the justices ruled.
They were in agreement with both the prosecution and defence that after expunging the statement, there would be no other evidence to link the appellant with the offences with which he was charged and convicted by the trial court and sustained by the first appellate court.
This is so because, the justices noted, the victim of the robbery, who is the only eyewitness, admitted that he did not identify any of the assailants alleged to have covered their faces with masks.
“We can, therefore, safely conclude that the case was not proved beyond reasonable doubt against the appellant,” they concluded.
On May 29, 2015 at about 04:00 hours, Mvita Selemani of Mkuti in Masasi was driving his car from a hospital where he had taken his tenant’s relative for treatment. He was in the company of other people.
On his way back, he stopped after he found a log on the road. Shortly thereafter, several people wearing masks emerged from the forest and invaded them, smashed his car and took away his mobile phone make Nokia.
About seven other cars were claimed to have been waylaid and properties stolen. When the thugs left, the victims reported the incident to Ndanda Police Station and eventually the appellant and others were arrested.
The appellant was interrogated on May 29, 2015 by detective Corporal Suleiman, who testified that the appellant confessed to the allegations.
The police officer recorded the appellant’s cautioned statement which he tendered and was admitted in the trial court as an exhibit.
In his defence, the appellant denied the allegations and said he was arrested on allegations involving peeping at a woman who was in a bathroom.
When he was taken to the police station, he was joined with his co-accused in the armed robbery case.
