The 1st accused person (a game reserve officer) and other two persons were arrested on 7th day of April, 2007 at Makuyuni within Monduli District in Arusha region with a government trophy to wit, one eland meat. The 1st accused claimed that on previously he had received complaints that animals are destroying crops.
Director of Public Prosecutions versus Yohana Peter Ngoira and Pelo S/O Moleiment Munga @Pelo - No. 331 of 2015
The appellant was appealing against the decision of the High Court which ruled that the offence which the respondents were charged with was not an economic crime to be tried before the High Court and thus ordered that the matter to be remitted back to the trial court for necessary amendments of the charge and proceed with trial accordingly.
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.
With the help of an informer, the accused person on 24th December 2000 at Mto wa Mbu area within Monduli District, Arusha region was found at Zanzibar guest house with two elephant tusks and three hippopotamus tusks property of the Tanzania government. The accused was found not guilty and therefore was acquitted.
The Anti-Poaching Unit received information from their informer that there is a business if elephants tusk about to happen in Arusha-Njiro area. Posing as buyers, the Unit contacted the seller about the possibility of buying the tusks. The sellers fell into a trap and showed the unit the tusks.
The accused persons on 12.07.2014 at Kaloleni area within Arusha city were found in unlawful possession of five ivory tusks the property of Tanzania Government. In this case, Anti-poaching Unit received a tip from an informer that the accused person were in possession of ivory tusks and were looking for a buyer.
On about 16th day of June 2009 at Manyara ranch area, Makuyuni village within Monduli District in Arusha region, the accused was found in unlawful possession of one elephant tusk property of the Government of Tanzania. The accused was found guilty and was therefore convicted.
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.
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.