Africa-Press – Tanzania. THE High Court’s Corruption and Economic Division has sentenced Shabani Athuman to 20 years imprisonment for unlawful possession of a piece of elephant tusk, valued at over 34m/-, without permit from the Director of Wildlife.
Judge Lilian Mashaka imposed the sentence against Mr Athuman after convicting him of the poaching offence.
According to Judge Mashaka, the prosecution proved the case against Mr Athuman beyond reasonable doubt as required in criminal cases.
“In consideration to the mitigating factors, the accused person being a first offender, is young, has a family of young children and dependent parents, has spent three years in remand; I hereby sentence the accused person Shabani Ally Athuman to serve 20 years imprisonment,” the judge ruled.
She also ordered the elephant tusk which had been tendered in court as an exhibit be forfeited to the government and to be disposed of under section 111(l)(a) and (3) of the Wildlife Conservation Act, No. 5 of 2009. During the trial, the prosecution called seven witnesses.
Before the sentencing, Senior State Attorney Agnes Hyera for the prosecution, prayed to the Court to heavily punish the convict to serve a lesson to him and others who involve themselves in unlawful business of elephant tusks, which are government trophies.
She argued that the poaching incidents were contributing to destruction of natural resources and national economy.
It was alleged on October 30, 2017 at Lusaka Guest House Kibaya town within Kiteto District, Manyara Region, Athuman was found in unlawful possession of the government trophies valued at 15,000 US dollars, which is equivalent to 34, 365, 500/-, without a permit from the Director of Wildlife.
Facts show that on the material date, Inspector Meshack Lameck, a police officer at Kibaya Police Station, Kiteto District in Manyara region, received information from an informant that there was a man at Lusaka Guest House, which is located at Kibaya Town with a sulphate bag and were suspicious of him.
Inspector Meshack together with other police officers went to the guest house and found the accused person drinking a soft drink and a sulphate bag was kept between his feet.
The police officers inquired from a waitress of the guest house as to whether the accused came with the bag.
The waitress’ answer was affirmatively. Inspector Meshack approached the accused and introduced himself as a police officer.
The accused was then asked what was inside the sulphate bag and replied that it contained an elephant tusk. Inspector Meshack requested him to remove the said tusk and the accused removed it and placed it on the table.
When the police officer inquired as to how he came into possession of the elephant tusk, the accused stated that he found it in his farm while digging and he was there to find a buyer and sell it. The accused was placed under arrest.
Inspector Meshack filled a certificate of seizure of the said government trophy in the presence of an independent witness.
The accused person was taken to Kibaya Police Station, was interviewed and he confessed to being found in unlawful possession of the said government trophy.
On October 31, 2017, one game officer after being informed went to the Police Station Kibaya, identified and evaluated the government trophy. It was identified to be a piece of an elephant tusk, valued at 34,365,000/-.
