The appellants were arrested following information that they were in possession of buffalo meat. The appellants disputed any knowledge about the meat affirming they had no license for hunting. They were found in the house where the meat was because they took rest for the night.
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 appellants were jointly arraigned in the District Court of Nachingwea at Nachingwea on a charge of unlawful possession of government trophies. Both were convicted and sentenced to imprisonment for twenty (20) years. Aggrieved with the decision, they both preferred appeals to the High Court of Tanzania at Mtwara.
The appellant is appealing against the decision of the high court which upheld the decision of the Resident Magistrate Court on the ground that the consent of the Director of Public Prosecutions was not granted in terms of section 26(1) of the Economic and Organized Crime Control Act (CAP 200 R.E.
The three accused were caught in possession of what was alleged to be Thompson gazelle, on the contrary the accused states that they were found with goat meat and its skin. They were arrested and taken to court.
On 15th June, 2011, the appellants were caught in Rwashagi area within SENAPA in possession of one carcass of a zebra together with one knife, one spear, one bush knife and a motor cycle. They were accused to have hunted the animal.
On 23/10/2013, the two accused persons were found in possession of one piece of lion skin at Kiroreri village within Bunda District. The accused were caught after the wildlife warden and police men that were on operation received information that there were two persons transferring government trophy and were using a motorbike.
The appellant one Mauridi Ganame was on 17/04/1997 convicted by Lindi District Court on a charge of unlawful possession of government trophies. He was subsequently sentenced to twenty five (25) years imprisonment. While the court sentenced the appellant was not in court.
The appellant Ahmad Mshamu was on 13/06/2002 convicted by Newala District Court on a charge of four counts. Among them, two were on unlawful possession of fire arms and other two counts were on unlawful possession of government trophies contrary to the law. He appealed the decision.