The accused persons on the 4th July 2007 at about 23:00 hours in Kimande Village within rural district of Iringa were found in unlawful possession of government trophies in the form of 13 pieces of elephant tusks which weighed 68.7 kilograms in all. The accused persons pleaded not guilty. The second accused was found guilty whereas the first and third accused persons were found not guilty.
The appellants were alleged to have been found in the Tarangire National Park in unlawful possession of three swala pala meat valued at Tshs 1,813,500/-, three did-dik meat valued at Tshs 1,162,500/- and three reedbuck meat valued at Tshs 2,092,500/- all valued at Tsh 5,068,500/- the property of Tanzania Government. Upon conviction they were sentenced to pay a fine of two million shillings or to serve a prison term of twenty years. Their appeal to the High Court was unsuccessful hence this second appeal. Appeal allowed, the Court quashed their convictions, set aside their sentences and ordered their immediate release from prison.
The Republic versus Bahati S/O Michael Ngiriama and Juma S/O Ally Patric @ Kalumanzila - No. 03 of 2014
Sometimes between June 2009 and 18th August, 2014 in different occasions (at Ruaha National parks in Iringa Region and Madibira within Mbarali District in Mbeya Region) alleged to bought, accepted, transported and hunted unlawfully government trophies property of United Republic of Tanzania. They were also found with unlawful possession of the firearms. Then brought before the court to answer a charge. The accused persons were convicted on the third count (unlawful possession of firearms).
With the help of an informer, the accused person on 24th December 2000 at Mto wa Mbu area within Monduli District, Arusha region was found at Zanzibar guest house with two elephant tusks and three hippopotamus tusks property of the Tanzania government. The accused was found not guilty and therefore was acquitted.
On 24.11.2000, the Anti-Poaching Unit while in routine patrol heard a gun sound and responded immediately. Upon arriving at the crime scene, the Unit found the accused persons removing zebra skin they have killed using a riffle after shooting 22 rounds of ammunition. The accused persons were arrested. During trial, the prosecution tendered rifle ammunition, certificate of valuation, inventory of unclaimed properties short gun, a panga, an axe and hunting licence as exhibits. It transpired during trial that the accused license had already expired. All accused persons jumped bail. The accused was found guilty of the offences charged and sentenced in abstentia.
The respondent one, Hamisi Koni, was charged before the district of Mpanda with the offence of unlawful possession of government trophy. Upon the accused being arraign before Mpanda district was committed for bail. While enjoying court bail, the accused absconded from appearing to the court. The court ordered the case be heard yet the accused jumped bail. At last the court further Oordered prosecution to prove their case still prosecution failed to bring witnesses. Tn 29/03/2007 when the case was fixed for hearing and upon prosecution fail to bring witnesses the court invoked section 226(1) of the Criminal Procedure Act, Cap. 20 and acquitted the respondent. Hence the prosecution filed revision before High Court to challenge the decision of the district court in acquitting the respondent. The High Court allowed the appeal and quashed the decision of the trial court.
The accused person was caught on 19/09/2014 at Old Simiti hill area within SENAPA. The accused was in possession of weapons in the park namely; one spear, one bush knife, one sword, five trapping wires, ten pieces of fresh meat of wildebeest and three tails of wildebeest. He was arrested and taken to Anti-Poaching Unit at Bunda. However, the case was dismissed.
On 25.09.2014 Manyara Park Rangers were patrolling at Kirurumo area Manyara National Park. While patrol, the rangers met the accused and suspected him to be carrying government trophy. When the accused was stopped and searched, they were found in unlawful possession of zebra meat. The accused was found guilty and was therefore convicted.
The accused was arrested at Ituka areas within Mikumi National Park in while he was in possession of various species specified as government trophies to wit were elephant tusks and hippopotamus teeth. He was also found in possession of fish and of various weapons believed to be used in poaching activities. He was charged in Kilosa District court. The accused person was found guilty of all five counts he was charged with.
Both three accused were arrested on 23rd August 2013 at Msimba Village within Kilosa District Morogoro region. They were found in possession of the Government trophy and were arrested and charged at Kilosa District Court. Three accused were found in possession of the Government trophy to wit the leopard skin believed to be attempting to sell it. The court found the accused persons guilty of the offence.