The appellant was found in possession of 71 pieces of elephant tusks and stood trial before the district court of Shinyanga as presided over by a Resident Magistrate. The appellant appealed to the High Court but the appeal was dismissed.
The Republic versus Hamisi Juma Ramadhani, Husen Juma Bakari and Hilali Jafalo Omary - No. 17 of 2015
The accused persons on 19 May 2014 at Artha Village in Kondoa District in Dodoma Region were found in possession of two elephant tusks weighing 43 kilograms. On 10 June 2014 the third accused sent an amount of Tshs. 6,000,000/= to first accused to facilitate procurement of the elephant tusks.
It is alleged that the accused persons on diverse dates between 1 January 2002 and 13 June 2014 at diverse places within Dodoma Region, jointly and together transported and sold 18 elephant tusks without license. The charges were withdrawn under section 91(1) of the Criminal Procedure Act.
It was alleged that the accused person on 10 March 2015 Chanumba Village within Chamwino District was found in possession of honey badger skin, pangolin skin, cobra skin, python skin, hyena tail, “mangore” skin. The accused was found guilty.
The appellants were found at Serengeti National Park without any written authorization. They were also armed with bows and arrows, knives, bush knives and trapping wires. It was also alleged by the prosecution that they were found in possession of government trophies.
The appellant was sentenced by the Resident Magistrate of Shinyanga as follows; 1st Count: Entering into a game reserve. He was sentenced to custodial sentence of one year in jail. 2nd Count: Unlawful hunting in a game reserve. He was sentenced to pay a fine of Tsh. 200,000/= or one year in jail in default.
The appellant was found in a game reserve to be in possession of fire arm and meat of the animals named in the species sub section below without a valid permit. During trial he denied the facts as presented by the prosecution.