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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.

Chembe Yotu versus the Republic - No. 33 of 2007

2008

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.

George Malkiadi versus the Republic - No. 92 of 2014

2014

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.

The Republic versus Jacob Michael - No. 01 of 2005

2007

The accused person was arrested with dik-dik on 09.05.2005. Prosecution alleged that on the material day the accused was found in unlawful possession of the dik-dik without permit from the authorized authorities. During his defence, the accused said that on the material day he was at his farm guiding it against animals that destroys crops he had planted. He saw the alleged animal and decided to capture it and took it to the village leadership office. He was arrested before reaching the office. The accused was convicted.

The Republic versus George Malkiad - No. 04 of 2013

2014

The accused person on 30th January 2013 at Rhotia village within Karatu District was found in unlawful possession of one elephant tusk weighing 12.4 kg the property of Tanzania government. On the material day, the accused was stopped by Ngorongoro Park Rangers on suspicion that he was carrying government trophies. On searching him, the accused person was found in possession of the said elephant tusk. He was taken to the police station for interrogation then arraigned before the Court. In his defence, the accused person alleged that he was framed by one of the park ranger due to land dispute between them. The accused person was found guilty of the offence charged and convicted.