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The Republic versus Nyahiri Wansatu Cheche and two others - No. 92 of 2012

2014

On 11/09/2012 at 01:40 hours at Hingira area within SENAPA when park rangers were on patrol, they saw torch lights, they made follow up and surrounded the area and arrested the accused, they were in possession of one knife and three snares and two fresh legs, ribs and the head of a wildebeest. They were arrested taken to Machochwe’s rangers post then to Mugumu police station on the following day. The accused persons were convicted on the first and second counts and acquitted on the third count.

The Republic versus Nyakorema Wambura Nyambeya and another - No. 04 of 2013

2014

While park rangers of SENAPA were on patrol around Korongo la Urembo area on 20/10/2013 at 13:30 hours, they saw people hidden in the bush, they surrounded the bush and successfully arrested them, they were also caught in possession of one dry skin of wildebeest, one dry skin of impala, one machete, one bow, one spear, two knives, 4 arrows, and five snares. They were arrested and taken to Mugumu police station. The case lasted for one year from the date it was instituted to the date of the judgment. The accused were found guilty and convicted.

The Republic versus Paulo Matiko @ Baru - No. 45 of 2014

2015

On 22/06/2014, while park rangers of Serengeti National Park were on patrol as Sonzo area, they saw the accused person moving around. They chased him and managed to apprehend him. He was in possession of one spear, two animal trapping wires, two pieces of dried meat of wildebeest, and one dried skin of a wildebeest. On interrogation the accused admitted to have no permit. The accused was convicted.

The Republic versus Rebeca Julius Mwita - No. 66 of 2010

2012

On the 13th day of October 2010, the accused who was a passenger, travelling to Tarime from Mugumu was arrested relying on information given to Serengeti National Park rangers by a secret informer. That there was a passenger transporting government trophies from Serengeti to Tarime. The car which the passenger was traveling with was stopped and inspected in Nyansurura village, where they found dried pieces of wild meat (22 pieces of wildebeest, 22 pieces of dried zebra meat) which belonged to the accused. The accused was acquitted.

Maduhu Joseph versus the Republic - No. 03 of 2015

2015

On the material date, at 22.00 hrs at Tingirima village within Bunda District in Mara Region, the accused was found in the possession of skins of dik-dik, two pieces of dried meat of the wildebeest and a piece of elephant tusk, after an emergence search in his house, a house owned by his mother and elder brother while he was sleeping. He was therefore arrested, convicted and sentenced for 20 years imprisonment. This was an appeal against the original economic case no. 177 of 2013 of the Bunda District court, where the accused was alleged to have been found in possession of skins of dik-dik, two pieces of wildebeest, two pieces of dried meat of the wildebeest and a piece of elephant tusk and therefore charged and convicted of an offence of being in possession of government trophies and failure to report the possession of the government trophies mentioned above worth Tshs. 4,672,000/=. The appeal was allowed, the sentences were set aside and the court ordered to release the appellant from prison.

Wesiko Malyoki versus the Republic - No. 09 of 2015

2015

On 17/03/2012, the game officers at Ikorongo Grumeti Game reserve heard bullets loud fired in the game reserve by unknown persons. The game officers then traced the poachers but didn’t find them. On 28/03/2012, the game officers got information through the ward officer that the appellant and four others have confessed to have entered the game reserve and hunted six elephants. The ward officer was informed of the incident through complaints lodged to him by the accused, that the appellant was indebted to his colleagues after the sale of elephant’s tusks. After arresting the accused, carcasses of the killed elephants were found through the lead of the accused. This was an appeal against the original economic case no. 18 of 2012 of the Bunda District court, where the appellant was jointly and together charged with four others, all the four accused persons were found guilty of the first count and were sentenced to imprisonment of three years or pay a fine of Tsh 300.000/= each. The appellant was alone found guilty of both counts and was sentenced to twenty years imprisonment. Being aggrieved by the decision he appealed to the High Court. The appeal was allowed, the sentence was quashed and set aside and the court ordered immediate release of the appellant from jail.

Daudi S/O Chacha @ Marwa versus the Republic - No. 100 of 2014

2015

On the material date, the appellant is alleged to be seen carrying a luggage by the patrol officer, when he was asked to stop he ran. He was chased and eventually caught, arrested and searched where he was found in possession of four pieces of dried meat. The accused denied the possession by simply stating that he was carrying a luggage of maize and that on the material date when the court order allowing destruction of the alleged dried meat was about to be tendered, he raised an objection stating that it was not wildebeest meat, it was cow’s meat. His objection was not considered. He was found guilty and sentenced to 15 years imprisonment. The appellant was dissatisfied with the trial decision and therefore appealed on the grounds inter alia, that the trial magistrate erred in law and that the case was poorly investigated. This was an appeal against the original criminal case no. 48 of 2013 of the Tarime District court, where the accused was alleged to have been caught with four pieces of dried meat of a wildebeest and therefore charged and convicted of an offence of being in possession of government trophies, namely wildebeest meat worth Tshs. 1,040,000/=. The appeal was allowed, the court quashed the decision, set aside the sentence and ordered the immediate release of the appellant from prison.

Iddi Abdallah @ Adam versus the Republic - No. 202 of 2014

2015

On 23/05/2011, the OC – CID of Mugumu police station received information from two intelligence officers of Tanzania National Parks stationed at Serengeti National Park, that there were persons selling elephant tusks to a person putting up a hotel in Mugumu Township. Acting on the information the OC – CID instructed 5 police officers to accompany him to the hotel. Where they conducted a search and recovered four pieces of elephant tusks from the room occupied by the appellant and his wife. On further interrogations the appellant told them he had purchased them from Kasika John Juma and Lameck James and directed the officers where the two were residing. The police officers conducted a search on their respective rooms and found nothing, on interrogations the two admitted to have sold the trophies to the appellant and that they had bought the same from one Mwita John Chacha. The accuseds were then charged with those two offences. This was a second appeal against an unsuccessful appeal to the High court at Mwanza against conviction and sentence by the appellant. The appellant and three others who were acquitted by the trial court, the Mugumu District court in Serengeti, were accused on two different offences. The first count was against the appellant alone on unlawful possession of government trophies contrary to section 86(1) and (2) of the Wildlife Conservation Act No. 5 0f 2009, read together with paragraph 14 (d) of the first schedule and Sections 57 (1) and 60 (2) of the Economic and Organized Crimes Act Cap 200 R.E 2002. The second count was against all the accused on unlawful dealing in government trophies contrary to Section 84(1) of the wildlife Conservation Act No. 5 0f 2009, read together with paragraph 14 (b) of the first schedule and Sections 57 (1) and 60 of the Economic and Organized Crimes Act Cap 200 R.E 2002. The appellant was found guilty on the first count and sentences to 8 years imprisonment. And all the accused were acquitted on the second count. The appeal was allowed, the decision was quashed and the verdict of guilty was set aside. The court remitted the matter to the trial court for retrial before another magistrate with competent jurisdiction.

Alfonce Sogore and John Lemayani versus the Republic - No. 23 of 2012

2013

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.