THE Court of Appeal has nullified trial proceedings involving suspected poacher, Adam Njalamoto, who was convicted of unlawful possession of four pieces of elephant tusks, as government trophies, and sentenced to 20 years’ imprisonment and compensate the Wildlife Authority 24m/-.
They observed further that the district court sat as an Economic Crime Court without a certificate of transfer by the DPP under section 12 (3) of the Economic and Organised Crime Control Act. Section 3 of the Act, they said, the jurisdiction to try economic crimes is solely vested with the High Court.
The justices said that the trial District Magistrate of Ulanga at Mahenge had no jurisdiction to hear the case unless the DPP issued consent and a certificate of transfer which would vest the trial District Court with power. Before the prosecution of the appellant, a prior consent of the DPP had to be obtained.
“In view of this legal position, the appellant (Njalamoto) was prosecuted without consent and a certificate of transfer issued by the (DPP). We are of the view that the proceedings, conviction and sentences in the trial court and in the first appellate court were illegal and a nullity,” they declared.
Given the non-compliance with the law, the justices invoked the powers vested upon them under section 4 (2) of the Appellate Jurisdiction Act to at about 23.30 hours at Kivukoni area within Ulanga district in Morogoro region, the appellant was found in unlawful possession of four pieces of elephant tusks, which are government trophies worth 24m/-, the property of the government.
The appellant was convicted as charged and sentenced to 20 years’ imprisonment. Such sentence was ordered to run from July 22, 2014 and in addition, he was ordered to pay compensation of 24,936,750/- to the Wildlife Authority. The four pieces of elephant tusks were forfeited.
Njalamoto rushed to the High Court to appeal against the decision of the District Court. However, on February 11, 2016, High Court Judge Ignas Kitusi dismissed the appeal in its entirety. It was at that point in time when the appellant decided to knock doors of the Court of Appeal of Tanzania, for extra appeal.
nullify and quash all the proceedings, convictions made by the District Court and set aside the sentences. “We also quash all the proceedings and judgment of the High Court. In this matter, for the interest of justice, we order (the case) to be tried afresh in the court of competent jurisdiction.
It is so ordered,” the justices declared. It was alleged by the prosecution that on July 21, 2014
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