The appellant aggrieved by the decision of the District Court of Monduli in Economic Crime Case No. 8 of 2009 lodged an appeal before the High Court. The case originated from Monduli District Court Criminal Case No. 8 of 2009. The High Court allowed the appeal and quashed the decision of the trial court and set aside the sentence imposed against both appellants. The court orders both appellants to be released from prison. No re-trial has been ordered because the appellants had been detained for 21 months.
On 18.07.2000, the Tarangire National Park rangers were informed that certain villagers of Sangaiwe, of whom the appellant was one, were in possession of government trophies. They laid information to the police and made a follow up at Sangaiwe. On arrival there, they contacted the village leadership. They were led to the home of the accused and interrogated him. Upon searching the house, they recovered game meat which was identified to be that of a zebra. The appellant appealed to the High Court against both conviction and sentence and raised nine grounds which boil down to one ground that the prosecution side did not prove the case against him beyond reasonable doubt. This is an appeal from the decision of the District Court of Babati Criminal Case No. 7 of 2000. The appeal was dismissed for lack of merits and the sentence and orders were confirmed.
The appellant appealed against both conviction and sentence passed by the District Court of Karatu in economic case No. 4 of 2014. It was alleged during trial that on 30th January, 2013 at Rhotia village within Karatu District the accused was found in unlawful possession of one elephant tusk weighing 12.4 kg valued at Tshs. 10,843,800/= the property of Tanzania government. The case originated from District Court of Karatu Economic Case No. 4 of 2013. The High Court quashed trial court proceedings and judgment and set aside the sentence. The court ordered retrial before a court with competent jurisdiction.
On 11.01.2010 at Meserani Duka Bovu area within Monduli District in Arusha the accused was found in unlawful possession of six dik-dik meat values at USD 260, one impala meat valued at USD 170 and Tommy gazelle meat valued at USD 140 property of the Tanzania Government. The prosecution alleged that on the material day the police received information that at Meserani bus station there was a person who had boxes with foul smell. The police went there and found the accused with boxes which contained government trophies. The accused was arrested, taken to the police but later escaped. The case was conducted under section 226 of the Criminal Procedure Act whereas prosecution produced four witnesses. The accused was found guilty and convicted.
The accused jointly on the 30th March, 2011 at Osunyani Street Ngusero area within the municipality, District and region of Arusha were found in possession of three live cheetahs, the property of Tanzania government, without a valid licence from the authorized authority. During the trial, the accused persons alleged that the live cheetahs were found in one of the rooms in the house which they have rented. The room which the animals were found in a room which was not connected to the main house. The accused person denied knowing the owner of the cheetahs. The accused persons were not guilty with respect to count 1, 2 and 3. They were found guilty on count 4.
On 18th August 2008 at Londoiya village Arumeru District within Arusha region was found in unlawful possession of giraffe meat valued Tsh. 840,000/= the property of Tanzania government. On the material day, two game rangers while on duty found three people with plastic bag containing 50 kg of giraffe meat. In the process of apprehending them, two suspects escaped while accused was arrested. After being taken to court, the accused jumped bail and the case proceeded under s. 226 of the Act. The accused was found guilty and convicted.
On 24th February 2013 at Amboseli Villaage within Simanjiro District in Manyara Region, the accused was found in unlawful possession of one carcass of lesser kudu, the property of the Tanzania government. The prosecution alleged that on the material day, game reserve officers received information that there was a camp set up for illegal hunting within the game controlled area. Game reserve officers ambushed the camp and arrested the accused with the government trophy and some items that are used for illegal hunting. On defence, the accused person alleged that he was arrested in his farmland. He further avers that items that were found during the arrest are used for charcoal production. The accused was found not guilty and acquitted.
On 21st January 2014, the accused person at Orkemeset area Simanjiro District in Manyara region was unlawful found in possession of the government trophy. The accused person was selling the wildlife meat to some other people. The accused was found guilty of the offences charged.
On 31st March 2012 at Ilmolok Village, Longido District of Arusha region the accused was found in possession of Grant gazelle carcass. On the material day, 2 game reserve officers saw the accused saw the accused person carrying a sulphate bag. Upon being stopped, the accused started to run and the bag fell down. He was apprehended and returned to where the bag fell. When accused was asked about the content of the bag he claimed that the bag contained potatoes. When the bag was opened Grant gazelle carcass was found in it. Since the accused did not have any authorize document for possessing the meat he was taken to the Olmorok Police Station and in the following day he was taken to Anti-Poaching Office in Arusha. At the Anti Poaching Unit office, the meat was identified as that of Grant gazelle and valuation report issued. During trial the accused person maintained that he was carrying potatoes and not gazelle meat. He further acclaim that the prosecution failed to tender the said meat as evidence. He was acquitted.
On and about the 6th May 2008, at Emboreti area within Simanjiro District in Manyara region the accused person was found in possession of a Grant gazelle meat by the Anti-Poaching Unit during routine patrol. The accused person was riding a bicycle with a bucket on it. Upon being stopped, the Unit found gazelle meat in the bucket. However, the accused person claimed that the bucket contained goat meat that he obtained from his uncle. A ten cell leader of the area was informed and later the accused was taken to the Anti-Poaching Unit office in Arusha for further legal actions. During trial the accused retracted the confession statement given before the Anti-Poaching Unit alleging that it was obtained by force. Further, the accused person denied possession of the Government Trophy and insisted that it was a goat meat. The accused was acquitted.