Arusha. The High Court Sub-Registry in Dodoma has set free a man previously sentenced to 30 years in prison for rape after discovering a fatal procedural flaw in the conduct of his trial.
Justice Ismail Hassan quashed the conviction and sentence against Mr Hamisi Mwanang’ombe after establishing that his trial illegally continued under the same case number despite the prosecution having formally entered a nolle prosequi, a notice of intention to discontinue charges.
The court observed that once the Dodoma Resident Magistrate’s Court accepted the nolle prosequi and discharged Mr Mwanang’ombe alongside his sureties, the original case legally ceased to exist.
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