Tuesday, May 24, 2016

Court orders prosecution to file certificate on case of Queen of Ivory

FAUSTINE KAPAMA
Queen of Ivory, Chinese Yang Feng Clan

THE Kisutu Resident Magistrate’s Court in Dar es Salaam yesterday directed the prosecution to expedite the process of filing a certificate, conferring its jurisdiction to hear the case against the alleged Queen of Ivory, Chinese Yang Feng Clan, (66).
Principal Resident Magistrate Huruma Shahidi gave such directives when the case against the Chinese, who is charged with leading organized crime and unlawful dealing in government trophies, valued at over 5.4bn/-, came for mention.
Senior State Attorney Shadrack Kimaro, for the prosecution, had earlier informed the court that the case had reached a stage of preliminary hearing, but they were unable to continue with the session because the Director of Public Prosecutions (DPP) had not filed the consent in question.
“The DPP could not prepare the certificate because he was outside his office attending other official duties. We, therefore, pray for another date, pending the action by the DPP,” the state attorney asked.
Magistrate Shahidi granted the request and adjourned the case to June 6. However, before such adjournment, Advocate Nehemia Nkoko, for the accused person, expressed his concern on delay relating to the matter and was of the opinion that the case should be transferred to the High Court for trial if the DPP has failed to file the certificate.
According to the defence counsel, the case is triable by the High Court and is only heard by the lower court upon securing the certificate of the DPP. But, he pointed out, the DPP has failed to issue the certificate and in order to avoid any delay, the matter should be taken to the High Court.
In the case, Clan is charged alongside two other Tanzanian businessmen, Salivius Matembo (39) and Manase Philemon (39). All of them are in remand. The prosecution alleges that between January 1, 2000 and May 22, last year in the city, jointly and together, all the three accused persons carried on business of the said government trophies.
It is alleged that the trio bought and sold 706 pieces of elephant tusks weighing 1889kg valued at 5,435,865,000/-, the property of United Republic of Tanzania, without a permit from the director of wildlife.
The prosecution alleged that within the same period and place, intentionally, Clan organised, managed and financed a criminal racket by collecting, transporting or exporting and selling the elephant tusks without having permit of the director of wildlife or CITES permit.
Within the same period and place, Matembo and Philemon, allegedly furnished assistance and directions in the conduct of business of collecting, transporting and selling the said government trophies with intent to reap benefit, promote and further the objective of criminal racket.
Philemon is facing a separate count of escaping from lawful custody. The prosecution told the court that the accused person committed the offence on May 21, last year, at Sinza Palestina Hospital in Kinondoni District in the city.
It is alleged that the accused person escaped from lawful custody of a police officer, who holding him under custody on allegations of dealing in government trophies and leading organized crimes

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