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.
The appellant was stood charged with the offence of unlawful possession of government trophy c/s 170 (1) and (2) of the Wildlife Conservation Act. No. 12 of 1974 read together with para 15 of the 1st Schedule and section 59 (2) of the Economic and Organized Crimes Act No. 13 of 1992 of 1984 as amended by Act No. 3 of 1992.
The appellant stood charged with the offence of unlawful possession of government trophy c/s 59 (2) of the Economic and Organized Crimes Control Act, Cap 200 R.E 2002 and section 67 (1) & 2 (b) of the Wildlife Conservation Act [Cap 283 R.E 2002].
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.
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.