According to the lower court records, the appellant stood charged with the offence of unlawful possession of government trophy. He was found guilty, convicted and sentenced to 10 years jail imprisonment. The High Court allowed the appeal, quashed the conviction and set aside the sentence.
On 25th August, 2013 at about 01:00hrs at Mheza-Maore Village within Same District – Kilimanjaro region, the appellant was arrested for being in unlawful possession of the government trophy which is one “cheeter” skin worth Tshs. 7,942,900, the property of the government of the United Republic of Tanzania and without permit or license.
The prosecution alleged that on 23rd March, 2012 at Kambi ya Fisi within city and region of Arusha, the accused was found in possession of one cheetah skin. According to the prosecution, the accused was in police lock up facing charges of breaking with intent to steal.
On 12th November, 2012 the accused Saidi Salehe Makwawa and Mashaka Saidi were arrested at Kigenge Mbuyuni village, Kilosa District Morogoro region and were accused of unlawfully entering and hunting in a National Park having been found in possession of the government trophy which was impala meat. They were charged with four counts.
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].
On the 14th day of February 2012 at about 20:30 hrs, the accused was arrested by the police upon information that the accused was in possession of government trophies, his house was searched, in a blue plastic bag inside his briefcase a dry skin of a cheetah was found, he was then arrested and taken to court. The accused was convicted.
On 08/10/2010 at 15:00 while SENAPA park rangers were on patrol at Sonzo area within the park, they saw a people hidden in the bush, they surrounded them and managed to arrest one of them, he was in possession of one machete, 3 animal trapping wires, one dry skin of reedbuck, one dry skin of impala and three pieces dry meat of wildebeests.
On 17/05/2010 at 17:00 hours when SENAPA park rangers were on patrol at Borongoja area within SENAPA, they heard voices of people talking in the bush, they surrounded the bush and found three people seated under a tree in possession of local weapons namely, one panga, one knife, one machete, one bow, eight arrows and six snares, and two pieces o
On 27/07/2013, the two accused were caught around korongo la Tinitin area within SENAPA, they were in possession of one machete and one impala. They were arrested and taken to Mugumu Police station. The charges were withdrawn under section 98(9) of the Criminal Procedure Act.
On 21/03/2010 at 15:00 hours, the park rangers were on patrol at Mti Mmoja area within Serengeti National Park. They saw carnivores birds (Tai) surrounding and roaming around a certain bush, they though a wild animal had died on that area so they made a follow up. When they reached the area they saw people in the bush.