Court quashes 6bn/- costs in ‘Samaki’ case

FAUSTINE KAPAMA

THE High Court in Dar es Salaam has dismissed the application of an owner of a fishing vessel in a trial, commonly known as Samaki wa Magufuli case, who is demanding 6bn/- as compensations.

Judge Ama-Isario Munisi ruled in favour of the Director of Public Prosecutions (DPP) after granting one of four grounds of objections he had advanced to oppose to the hearing of the application in question.

Mr Said Ali Mohamed al Araimi, is the owner of the ship Tawariq-1, which was tendered in court as exhibit during the trial of two Chinese, Hsu Chin Tai and Zhao Hanquing and others.

He is also the Managing Director of Sea Tawariq LLC, a company registered in the Sultanate of Oman operating from Muscat.

In his application, Mr Araimi requested the court to order restoration to him the exhibits, include the motor fishing vessel Tawariq 1 or its value paged at 2.3 million USD and 2,074,249,000/- being the value of the fish, after discontinuation of the trial by the DPP entering nolle prosequi to accused persons.

But in her ruling, Judge Munisi agreed with submission by Principal State Attorney Timony Vitalis, for the DPP, that the same relief was sought and granted by Kisutu Resident Magistrate’s Court on August 22, 2014.

Thus, the High Court could not have the jurisdiction to entertain the prayers, which have been granted. Advocate Ibrahim Bendera, for the ship’s owner, said he was happy with the court’s decision despite losing the application.

However, he pointed out that the next step would be for them to enforce the decision given by Kisutu Court and whoever would attempt to violate the same would be held contemptuous. Hsu Chin Tai and Zhao Hanquing were charged with unlawful fishing activities in the EEZ, water pollution and degradation of marine environment.

Hanquing was also charged with an alternative count of accessories after the fact. After the full trial, on February 23, last year, the High Court convicted the two for unlawfully taking out fishing activities in EEZ, and were sentenced to pay a fine of 1bn/- each or go to jail for ten years in default of paying the fine. Tai was convicted of another separate offence of water pollution and degradation of marine environment.

He was sentenced to pay a fine of 20bn/- or imprisoned for 10 years, upon failure to pay the fine in question. Both of the appellants defaulted to pay the fine. Having being aggrieved by the judgment, the two took the matter to the Court of Appeal.

In its decision, the Court of Appeal reversed the High Court verdict and discharged the two Chinese. The court threw the ball to the DPP that he was at liberty to file fresh charges against them. Immediately thereafter, the two were rearrested and charged with the same charges at Kisutu Resident Magistrate’s Court.

But on August 14, last year, the Director of Public Prosecutions withdrew the charges by entering a nole prosequi certificate, showing he was no longer interested to pursue the case.

When the case was discontinued, Capt Bendera had asked the court to order that the exhibits be returned back to the accused persons to enable them return to their country and the prosecution, led by Senior State Attorney Prosper Mwangamila at the time raised no objections to the request.