republic vs lengawo moisori kitesho lekeni and 7 others 2022 tzhcced 26 14 july 2022

republic vs lengawo moisori kitesho lekeni and 7 others 2022 tzhcced 26 14 july 2022

Direct evidence, expert opinion, and valid confessions established guilt of first, second, and eighth accused for unlawful hunting and killing of rhinoceros, and unlawful possession of firearms and ammunition. Confessions tainted by procedural defects were disregarded. No evidence implicated other accused or supported certain counts.

Citation
republic vs lengawo moisori kitesho lekeni and 7 others 2022 tzhcced 26 14 july 2022
Parties
Prosecution: The Republic; First Accused: Lengawo Moisari Kitesho @ Lekeni; Second Accused: Namayai Melubo Moisari @ Nicodem @ Rosiekuu; Third Accused: Jonathan William Silangei @ Jenaa; Fourth Accused: David Stephano Fupe @ Jeremiah; Fifth Accused: David Gabriel Maturo; Sixth Accused: Kalanga Melubo; Seventh Accused: Koromo Ndalo Laiza @ Bahati Ndalo; Eighth Accused: Abraham Haiyo Siria
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
14 July 2022
Procedural Posture
Criminal / Final Judgment
Outcome
First, second, and eighth accused convicted; third, fourth, fifth, sixth, and seventh accused acquitted; second and third counts dismissed.
Legal Topics
Unlawful Hunting, Possession of Firearms, Possession of Ammunition, Dealing in Government Trophy, Confession Evidence
Source Language
English
Criminal Law Wildlife Law Economic Crimes Unlawful Hunting Possession of Firearms Possession of Ammunition Dealing in Government Trophy Confession Evidence

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Parties

The Republic

Prosecution

Lengawo Moisari Kitesho @ Lekeni

First Accused

Namayai Melubo Moisari @ Nicodem @ Rosiekuu

Second Accused

Jonathan William Silangei @ Jenaa

Third Accused

David Stephano Fupe @ Jeremiah

Fourth Accused

David Gabriel Maturo

Fifth Accused

Kalanga Melubo

Sixth Accused

Koromo Ndalo Laiza @ Bahati Ndalo

Seventh Accused

Abraham Haiyo Siria

Eighth Accused

Procedural Posture

Criminal / Final Judgment

Legal Issues

  1. 1 Whether accused persons unlawfully hunted and killed a scheduled animal (rhinoceros)
  2. 2 Whether accused persons unlawfully possessed firearms and ammunition
  3. 3 Whether accused persons unlawfully dealt in government trophy

Ratio Decidendi

Direct evidence, expert opinion, and valid confessions established guilt of first, second, and eighth accused for unlawful hunting and killing of rhinoceros, and unlawful possession of firearms and ammunition. Confessions tainted by procedural defects were disregarded. No evidence implicated other accused or supported certain counts.

Court Disposition

First, second, and eighth accused convicted; third, fourth, fifth, sixth, and seventh accused acquitted; second and third counts dismissed.

Orders

  • First, second, and eighth accused persons convicted for unlawful hunting and killing of rhinoceros and unlawful possession of firearms/ammunition.
  • Third, fourth, fifth, sixth, and seventh accused persons acquitted.