This is an appeal of a decision of the High Court on the Criminal Application No. 15 of 2013 where the judge refused to hear the accused person’s bail application. The judge based her decision on the fact that the accused person was already refused bail in a previous consolidated Criminal Application No.
The appellants were alleged to have been found in the Tarangire National Park in unlawful possession of three swala pala meat valued at Tshs 1,813,500/-, three did-dik meat valued at Tshs 1,162,500/- and three reedbuck meat valued at Tshs 2,092,500/- all valued at Tsh 5,068,500/- the property of Tanzania Government.
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.
On 6th November, 2015 at Kasumulu area within Kyela District in Mbeya Region, the accused persons were jointly and together, internationally organized a criminal racket by exporting, to the United Republic of Tanzania, government trophies. They were later on arraigned before the Court of Resident Magistrate for Mbeya at Mbeya.
On 24.11.2000, the Anti-Poaching Unit while in routine patrol heard a gun sound and responded immediately. Upon arriving at the crime scene, the Unit found the accused persons removing zebra skin they have killed using a riffle after shooting 22 rounds of ammunition. The accused persons were arrested.
The accused person was caught on 19/09/2014 at Old Simiti hill area within SENAPA. The accused was in possession of weapons in the park namely; one spear, one bush knife, one sword, five trapping wires, ten pieces of fresh meat of wildebeest and three tails of wildebeest. He was arrested and taken to Anti-Poaching Unit at Bunda.
On 25.09.2014 Manyara Park Rangers were patrolling at Kirurumo area Manyara National Park. While patrol, the rangers met the accused and suspected him to be carrying government trophy. When the accused was stopped and searched, they were found in unlawful possession of zebra meat. The accused was found guilty and was therefore convicted.
Both three accused were arrested on 23rd August 2013 at Msimba Village within Kilosa District Morogoro region. They were found in possession of the Government trophy and were arrested and charged at Kilosa District Court.
The accused Mwajuma was charged of an offence of been in unlawful possession of the Government Trophy which is contrary to section 86 (1) of the Wildlife Conservation Act No. 5 of 2009 read together with Paragraph 14 (d) of the First Schedule to the Economic and Organized Crime Control Act Cap 200 of R.E 2002.