The accused on 17 November 2014 at Lubilo Village in Mufindi District and Region of Iringa was allegedly found in possession of six pieces of skin of Abbott’s duiker. He charged with unlawful possession of government trophies. The accused was found not guilty and therefore acquitted.
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 accused person, on 11th December 2013 at Magubike Village within rural district of Iringa, was found in unlawful possession of government trophies in the form of bush buck skin. The accused person pleaded not guilty. Case withdrawn under section 91(1) of the Criminal Procedure Code and the accused is discharged.
The Republic versus John S/O Kihaka, Nohard S/O Leonard and A 9072 CPL James Kalenzo Said - No. 19 of 2013
It was alleged that on the 24th day of August 2013 at Samora area within the municipality and region of Iringa, the accused persons were found in possession of six elephant tusks and six cut pieces of elephant tusks all valued at Tshs 120,000,000/= being the property of the government without lawful permit. They were found not guilty.
The accused was found in possession of one kilogram of giraffe meat after the authorities (the Police at Ruaha National Park) during patrol after receiving information from an informant that the accused was in such possession. He was found guilty.
It was alleged that on the 16th day of June 2015 at Ruaha National Park within Iringa Region was found in an unlawful possession of an elephant tusk valued at USD 15,000 equivalent of Tshs. 33,090,000/= without a permit. He was also found wiith firearms (a rifle and a Mark 4) as well as ammunition. The case was discharged under section 91(6) of the Criminal Procedure Act,Cap 20, that is, the prosecution did not have desire to proceed with the case.
The appellant was convicted and sentenced to 30 years imprisonment for first count and 10 years imprisonment for second count following an admission of guilty entered into during the preliminary hearing held immediately after the accused pleaded not guilty. The appellant appealed to the high court a decision of the appeal dismissing it was rendered by the resident magistrate with extended jurisdiction. The appellant decided to lodge another appeal to the court of appeal to which the respondent raised preliminary objection giving rise to the current ruling. The appeal was dismissed due to defects in the notice of appeal.
The appellant was found in the district of Songea to be in possession of 14 elephant tusks without a valid license following a hint provided by an informer that the appellant was going to transport the tusks. He was arrested and confessed to the charges. He was then tried and sentenced to 20 years imprisonment. The appellant appealed against the decision of the trial court to the high court which summarily rejected the appeal. Being aggrieved by that decision he appealed to the Court of appeal on the following grounds: (1) the police officers searched the motor vehicle without search warrant and no receipt was issued and signed as mandated by section 38 (1) and (3) of the Criminal Procedure Act, Cap 20 R.E. 2002 and (2) the evidence of PW1, PW2 and PW4, who were police officers, should have not been relied upon as they came from one office. The Court of Appeal dismissed the appeal.