Thom Geofrey vs Republic (Misc. Economic Crimes Application No. 10 of 1990) [1990] TZHC 269 (24 September 1990)

1 L/L D ' cOJO4L- TL: UiITL dUhi1C Tiu-L I- - :- '.r- rm •- 1 IJ hCChCLIC CIi:S JJi3ICIC-N IJSC. CCUCiJC 1 1 7 CTiU NC.lo CF 1990 (ibeya Aosident iadistrat's Court -JconOmi Crimes Case No. 10 of lC$O - - - moi; ci;y ic. ......................... C/C /S 3JIJC & CC; Versus -. - Lid- SHOT I-1M (j) - This is an application for bail endi trial by one Thom Geofrey irio. hereinafter referred to as the apilicant who isfacing a charge under the .conomic. ad CrgaL?ased Crimes Control 4.ct 1984 The background of this application is briefly, as follows: The applicant together with four others were first charged in ibeya esident hagistrato's Court in June- 1990 with off ences of obtaining money by false pretonces c/s 302 of ti.e Penal Code read together with section 56(1) and para 7(a) (b) of the 1st schedule and section 59 of the conomic and Organised Crimes Control Aict 1084, They applied for bail in the high Court but their apy - licatic-n was refused by the igh Court (ichomo J) and they were all remanded in custody. • Subsequently the said charge was cmended whereby the co—ccuseci - persons were granted bail by the iistrict Court. The aDplicant was alone, in the ended charge, charged with the c.ffenco of frandulent schemea Contrary - - 2ragraph 7(a) of the first schedule and sectich 59(2) of the Eeonômc - and Crganised Crime Control ct 1984 as omeLlded by ct No. 1/1987 which ndered the subcrdinate court incompetent to grant him bail hen.e this application for bail. • correctly observed by Lchcne J. when refusing bail jif the intial application under the provision of section 35 (3) () of the &onomic and Organised Crime Ciontrol £ct No. 13/84 as cmended by ct No 10189 bail is - not to be granted to an accused persoh if the offence with which he is charged involves property whose value excea -18 ton million shillings, unless that person pays cash deposit equivalent to half the value of the pcperty and the rest is secured by exceution of a . . .2... -

is the cffence with which the ajrlicant is cLered falls squarely within the cubit of the provisionà of sectica 35 (a) (b) tho 3conorlic and Organised Crime Contrcl ct 1€84 as aondod by ict NC 4 1-0/80 the present application is refused.. • I " .s. RLICL SIIT 1ST.T 24/O/iOO. ....•