WILDLEX

On 25th day of 2013, accused was found in possession of the Government trophy and was charged for being in possession of the Government trophies contrary to section 86 (1) and (2) (b) of the Wildlife Conservation Act, No. 5 of 2009 read together with section 14(d) of the Economic and Organized Crime Control Act [Cap 200 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.

On the 14th day of February 2012 at about 20:30 hrs, the accused was arrested by the police upon information that the accused was in possession of government trophies, his house was searched, in a blue plastic bag inside his briefcase a dry skin of a cheetah was found, he was then arrested and taken to court. The accused was convicted.

The accused jointly on the 30th March, 2011 at Osunyani Street Ngusero area within the municipality, District and region of Arusha were found in possession of three live cheetahs, the property of Tanzania government, without a valid licence from the authorized authority.

The prosecution alleged that on 23rd March, 2012 at Kambi ya Fisi within city and region of Arusha, the accused was found in possession of one cheetah skin. According to the prosecution, the accused was in police lock up facing charges of breaking with intent to steal.

At noon on May 9, 2018, Huiyu T. hired Tinghe H. to go to the border between China and Vietnam to find Vietnamese for picking up the goods. Tinghe H. drove his bus to the 734 boundary monument in Longbang Town, Jingxi City, and the Vietnamese moved the goods to Tinghe H.’s car. When passing through Dizhou Town of Jingxi City, Tinghe H.

In March 2017, the defendant Mibo L. purchased two chameleons from the defendant Xin Q. at a price of RMB 200 each. In April 2017, Mibo L. purchased a python from Xin Q. for RMB 500. On June 13, 2017, the defendant Luo Mibo posted a photo through the WeChat Moments, and then sold a leopard claw nail pendant to the defendant Cai S.

From 2009 to July 2015, without obtaining the license issued by the wildlife management department, Zhaofeng C., together with Baocai Y. and Wang, illegally purchased rare and endangered wild animals and their products, such as pangolins, monitor lizards and bear paws, from Jianping L., Chunhua L. and others.

From January 2017 to March 2018, Xiaolan Q. and Jicai Z. successively illegally purchased 35 pangolins from Su (sentenced) for many times, knowing that pangolins were under second class state protecion and without obtaining a franchise license.

The court held that the appellants were protecting the lives of the cubs and as well as their legal interest in the survical of the cubs as the owners of the very expensive animals.