Two Chinese nationals were yesterday sentenced to 35 years in jail or pay a fine of Sh54.4 billion each, after being convicted of illegal possession of 707 pieces of elephant tusks of more than five billion shillings black market worth, and soliciting police officers to take bribes.
The court also forfeited to the government three motor vehicles that were used to carry the said elephant tusks,a Toyota Noah with registration number T 317 BXG, along with Toyota Hiace bearing numbers T 777 BET and T728 BGP.
Earlier the three accused were charged with the said offences but one of them, Chen Jinzhan was released after the prosecution failed to prove beyond reasonable doubt that he committed the said offences.
The verdict was attested by Principal Resident Magistrate Cpyrian Mkeha of the Kisutu Resident Magistrate’s Court circuit in Dar es Salaam.
Reading the judgment Magistrate Mkeha said that illegal possession of 707 pieces of elephant tusks weighing 1889 kilos valued at Sh5,435,865,000 brings each accused to being fined Sh54, 358,650,000 or be jailed for 30 years.
For soliciting game officers to receive bribes of Sh30.2m so that they do not arrest them, the accused would serve five years in jail or pay a fine of Sh1m.
However Magistrate Mkeha set free one accused person in the offence of being in possession of shells of ammunition after the prosecution failed to prove that he committed that offence.
Magistrate Mkeha said the prosecution through its nine witnesses and exhibits, including elephant tusks brought before the court, proved beyond reasonable doubt that the accused committed the said offences.
The convicted accused were Huang Gin (50) and Xu Fujie (22). They were first arraigned before the court in November 2013.
They were found in possession of government trophies contrary to Section 86 (1) (2) ( c ) (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 the Economic and Organized Crime Control Act.[Cap 200 R:E 2009].
However, before the verdict the prosecution, led by State Attorney Faraja Nchimbi in collaboration with Paul Kadushi, Wankyo Simon and Salim Msemo, asked the court to issue stern punishment to the accused as required by law to warn society that poaching is an economic crime which has caused huge loss to the government.
Nchimbi claimed that the accused did not deserve mercy from the court because they didn’t only cause the deaths of elephants but also they cause losses to the government of more than Sh 5billion through lost tourism earnings.
He said that between 2010 and 2013 reports show more than 892 elephants were killed and that since 2013 when the accused were arrested the poaching was reported to have decreased.
“These convicts are the top dealers and facilitators of poaching cases in the country,” the prosecution declared, with being caught in possession of taking place on November 2, 2013 at Kifaru Street, Mikocheni B within Kinondoni District in the city.
The prosecution told the court that jointly and severally, the accused were found in unlawful possession of 706 pieces of elephant tusks weighing 1889 kilos valued at Sh5,435,865,000 the property of the government without a permit from the Director of Wildlife.
It was reported that the said tusks represent about 400 elephants killed, with the pieces found stuck in sacks in the house of the Chinese nationals.
SOURCE: THE GUARDIAN
