The accused persons were arrested at Kasumulu while crossing the border from Malawi to Tanzania. During their arrest they were found with unlawful possession of government trophy namely two rhino horns contrary to the penal laws of Tanzania. Thereafter were prosecuted before Kyela District Court.
The appellant met Mr. Muller through his business of an electrical contractor. They became to know each other for more than ten years. During this period, the appellant saw some ivory in Muller's house, which might have encouraged the appellant to offer an illegal ivory deal to Muller.
In November 2004, the defendant Angweng Barong bought a rhino horn from an Indian businessman for 55000 India Rupees. Afterward, he wrapped the rhino horn in white cloth in the secret compartment of a small wooden cabinet (old Tibetan cabinet) and then he paid a local carpenter to board up the cabinet.
On 27 July 2010, at the outbound controls at Heathrow Airport, the appellant presented the UK Border Agency (UKBA) with three CITES re-export permits which had been issued for five rhino horns which he was taking with him in his luggage to Australia.
The accused and three other men were inside the Ndumo Game Reserve on 19 November 2011 at 17:00. One man was carrying a firearm. Game rangers patrolling in the Reserve caught sight of the men in pursuit of a rhino. The rangers ordered the man to put down the firearm. Instead, he turned and pointed it at the rangers.
Accused persons were found guilty of unlawful possession of 2 horns in contravention of the Game Act. The Act prescribes that a person found guilty of the offence must either replace the game or compensate the full value of the property to the owner or government in cases where the owner cannot be established.