WILDLEX

Applicants charged with the offence of unlawful possession of government trophies of which case was filed in the Resident Magistrates Court of Katave, at Mpanda. The High Court allowed the appeal and granted the bail.

The respondent one, Hamisi Koni, was charged before the district of Mpanda with the offence of unlawful possession of government trophy. Upon the accused being arraign before Mpanda district was committed for bail. While enjoying court bail, the accused absconded from appearing to the court.

The three accused were caught in possession of what was alleged to be Thompson gazelle, on the contrary the accused states that they were found with goat meat and its skin. They were arrested and taken to court.

On 15th June, 2011, the appellants were caught in Rwashagi area within SENAPA in possession of one carcass of a zebra together with one knife, one spear, one bush knife and a motor cycle. They were accused to have hunted the animal.

On 23/10/2013, the two accused persons were found in possession of one piece of lion skin at Kiroreri village within Bunda District. The accused were caught after the wildlife warden and police men that were on operation received information that there were two persons transferring government trophy and were using a motorbike.

The appellant one Mauridi Ganame was on 17/04/1997 convicted by Lindi District Court on a charge of unlawful possession of government trophies. He was subsequently sentenced to twenty five (25) years imprisonment. While the court sentenced the appellant was not in court.

The appellant Ausi Hassani Nampali was on 24th October, 2001 convicted by the Lindi District Court on two counts of unlawful possession of government trophy contrary to section 67(1) and (c) (d) (iii) and (2A) of the Wildlife Conservation Act No. 12 of 1974 as amended by Act No.

The appellant was found in possession of a weighing scale while drying meat identified by the witnesses using their experience to be that of a zebra. There was no skin or head to support such claim.

The case originated from Mpanda District court were the three appellants were jointly charged for the offence of unlawful possession of government trophies c/s 86(1)(2)(b)(ii) of the Wildlife Conservation Act, No.5 of 2009 read together with 14(d)of the first schedule to and section 57(1) and 60(2) of the Economic and Organized Crime Control Act

On 16 July, 2004 respondents were charged with offence of unlawfully possession of government trophies and made application for bail at Mpanda District Court and granted bail to them under the terms that they should deposit cash bond of Tsh. 6,000,000/=. The High Court allowed the appeal and quashed the decision of the trial court.