Queen of Ivory, Chinese Yang Feng Clan
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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