Two police officers and six poachers were yesterday sentenced to 20 years in prison and ordered to pay a fine of 8.5bn/- each after being convicted of illegal possession of 70 pieces of elephant tusks worth 850m/-
The court also set free Hamidu Hamad who was charged together with the accused after the prosecution failed to prove beyond reasonable doubt that he committed the offence.
The verdict was passed by Senior Resident Magistrate Herieth Mwailolo of the Kibaha Resident Magistrate’s Court in the Coast Region.
Magistrate Mwailolo said the prosecution through its five witnesses and exhibits, including elephant tusks brought before the court, proved beyond reasonable doubt that the two police officers committed the offence.
Other exhibits included registry of Kauzeni Check Point, two identity cards of the two police officers, handling documents showing movement of elephant tusks from the day of seizure to the day, when they were tendered as evidence.
The court also forfeited to the government a motor vehicle that was used to carry the said elephant tusks, a Toyota Surf with registration number T 359 ABK.
The accused were found in possession of government trophies contrary to Section 86 (1) (2) © (ii) and (3) b of the Wildlife Conservation Act No. 5 of 2009 read together with paragraph 14 (d) of first schedule to, and Section 57 (1)and 60 (2), both of Economic and Organised Crime Control Act.[Cap 200 R:E 2009].
The two police officers who have been convicted, D 8656 Corporal Senga Nyembo and G 553 Police Constable Issa Mtama, were working at Mikocheni police post.
Other people who have been convicted are Prosper Aleto Seif Mdumuka, Amri Bakari, Said Mdumuka, Ramadhani Athumani and Musa Mohamed.
However, before the verdict Prosecution, led by State Attorney Faraja Nchimbi in collaboration with Salim Msemo and Paul Kadushi, asked the court to issue a stern punishment to the accused as required by law to warn society that poaching is an economic crime which has caused a huge loss to the government.
On their mitigation, the accused denied having committed the offence and requested the court to have mercy on them because they have families which depend on them.
Magistrate Mwailolo, however, said that all eight convicts will serve 20 years in jail and pay fine of 8.5bn/- which is ten times the actual value of the seized elephant tusks.
The police officers were also handed another 15-year jail term for leading organised crime, but their sentence will run concurrently with the original one.
According to the charge sheet, it was alleged that on July 28, 2013 at Kauzen Check Point within Kisarawe District in Coast Region, the accused were found in unlawful possession of government trophies named as 70 elephant tusks, weighing 306.5 Kgs worth 859,500,000/- the property of the government without a permit from the director of Wildlife Division.
On the second count, it was alleged that on July 28, 2013 at Lukumbulu Village within Kisarawe District in the Coast Region, the accused being officials working for the government of Tanzania as law enforcers jointly and intentionally promoted and furthered the objectives of a criminal racket by acquiring and possessing 70 elephant tusks.
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