Legal errors that secured ‘the walk to freedom’ for Tanzanian drug convict

Arusha. The High Court of Tanzania has overturned the 20-year prison sentence of Shabani Halili, who was previously convicted for possession of 10.60 kilograms of khat (mirungi).

The court's decision, announced on August 1, 2024, follows the discovery of significant legal errors during the case proceedings.

Judge Frank Mirindo of the High Court's Manyara Registry declared Halili's conviction invalid after it was revealed that Halili had never admitted guilt or received a proper warning statement, as required by law.

The judgment and sentence were set aside, leading to Halili's immediate release.

Case Background

Halili had been found guilty in the Babati District Court of trafficking in drugs contrary to section 15A (1) and (2) (c) of the Drug Control and Enforcement Act. The conviction was based on evidence that a bag, emitting a suspicious odor, was found in the trunk of a bus Halili was traveling in. The bag was allegedly marked with a label indicating it belonged to seat number 24, which Halili was said to occupy.

However, the High Court's review revealed procedural errors. During the original trial, Halili had been charged without proper confirmation of the bag's ownership or detailed scrutiny of the evidence. The ticket associated with Halili's seat was also inconsistent with the prosecution's claims.

Appeal and Judgment

Following permission from the High Court to file a late appeal, Halili, represented by Attorney Joseph Masanja, argued that the prosecution failed to prove the charges beyond a reasonable doubt. The Republic was represented by Attorney Rose Kayumbo, who defended the original conviction.

Judge Mirindo criticized the prosecution for not calling key witnesses, such as the bus conductor, who could have clarified doubts in the case. The Judge also noted that evidence presented, including a handwritten ticket, was inconsistent and insufficient.

In his ruling, Judge Mirindo emphasized that the prosecution's burden of proof was not met and that Halili's warning statement, which was not properly administered, could not be used as evidence against him.

Outcome

The High Court’s decision highlights serious procedural flaws in the initial trial and underscores the importance of adherence to legal standards in criminal proceedings. With the invalidation of the previous judgment, Shabani Halili has been ordered to be released from custody immediately.

This case sets a precedent for ensuring that all legal requirements are meticulously followed to uphold justice and protect the rights of the accused.