On 25th day of 2013, accused was found in possession of the Government trophy and was charged for being in possession of the Government trophies contrary to section 86 (1) and (2) (b) of the Wildlife Conservation Act, No. 5 of 2009 read together with section 14(d) of the Economic and Organized Crime Control Act [Cap 200 R.E 2002]. The accused denied all of the charges and prosecution brought evidence against him to prove their case. The accused person was found guilty.
The Republic versus Kamran Ahmed, Hawa Hassan Mang?unyuka, Martin Mathew Kimath and Michael Odisha Mrutu - No. 04 of 2011
The accused persons were charged jointly and severally for contravening various provisions of the laws governing and regulating possession and disposition of the Government trophies. The main charge around this case was unlawful exportation of wild animals with total value of Tshs. 170,575,500. They all denied charges and the case went to a full hearing after determination of prima facie case against the accused. The first accused was found guilty and was therefore convicted but the second, third and fourth accused persons were acquitted.
The appellants were found at Serengeti National Park without any written authorization. They were also armed with bows and arrows, knives, bush knives and trapping wires. It was also alleged by the prosecution that they were found in possession of government trophies. The accused were convicted by a District court and sentenced to 12 months imprisonment or a fine of Tshs. 10,000/= on the first count; two years imprisonment or a fine Tshs. 20,000/= on the second count; three (3) years imprisonment on the third count and 30 years imprisonment or a fine of Tshs. 13,617,000 on the fourth count. Having being aggrieved by the decision they appealed to the High court which reduced the third sentence from 30 years to 20 years imprisonment. The appellants decided to appeal such a decision to the Court of Appeal on three grounds: (1) PW1, PW2 and PW3 were not credible witnesses, (2) it was not proved that the appellants were caught in the National Park by PW2 and PW3, (3) the court wrongly admitted the evaluation report and the inventory form, Exhibits P1 and P2. The Court allowed the appeal, quashed the decision and set aside the sentence.
That the accused persons were found in possession of the Government trophies/properties contrary to various provisions of the law hence were charged as follows: (i) that first and second accused persons in this case were jointly charged with five counts, (ii) the third accused person was charged with one count which was not economic offence (iii) that the first and second accused person were found in possession of government trophies to wit 9 impalas as valued Tshs 1,790,100, 6 stein bucks valued Tshs 772,220 and 1 aardvark valued Tshs 222,300 the properties of Tanzania government without permit or license thereof (iv) all three accused were represented by advocates and they pleaded not guilty (v) the prosecution side brought five witness to prove the guilty of the said three accused (vi) the accused persons were given opportunity to defend themselves before the court of law (vii) the third accused confirmed his name to be Ali Mbogo and not Ally Abdallah and tendered before the court his hunting license, school certificates and employment certificate. The judge found first and second accused persons guilty for first, second, third and fourth counts and were acquitted on the fifth count and the third accused was not guilty and he was acquitted on all counts accordingly.
On 20th day of September, 2009 the accused person was found in unlawful possession of the killed animal known as Pongo (Bushbull) worth Tshs 800,000. Beside that, the accused person was found in unlawful possession of one Mizzle known as Gobore. The accused was arrested and charged for contravening various sections of the laws which were Wildlife Conservation Act, Economic and Organized Crime Control Act and Arms and Ammunition Act. He pleaded not guilty as charged. The accused was found guilty on the first charge.
Suleiman Ally and Rehani Magani were on 03/09/2015 at Mkuta within the Mvomero District in Morogoro Region were found in possession of Government trophies to wit fifty lug of buffalo meat valued Tshs 2,945,000 the property of the Government of United Republic of Tanzania without permit or license. Upon been charged the accused persons in this case Selemani Ally Mgaga and Rehani Magani were jointly and together charged with the offence of unlawful possession of Government trophies. The accused persons pleaded not guilty to charges. To prove their case prosecution side called three witnesses. First accused was found guilty and sentenced to pay Tshs 29,045,000 or fifteen years imprisonment while second accused was found not guilty and acquitted.
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.