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The High Court dismissed a criminal appeal over unlawful possession of weapons and government trophies, upholding conviction and sentence after finding the evidence sufficient.
The High Court dismissed a criminal appeal, upholding conviction and sentence for unlawful possession of weapons and wildebeest meat in Serengeti National Park.
The High Court allowed a criminal appeal over unlawful possession of elephant meat, quashed the conviction and sentence, and ordered the appellant’s release.
The prosecution failed to prove both counts beyond reasonable doubt due to unreliable evidence, contradictions in chain of custody, and violation of the appellant's right to be heard in the disposal proceedings; the inventory form was unlawfully obtained and expunged, leaving no legal basis for conviction.
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The appellant was not accorded right to be heard during disposal of government trophy, and the inventory form did not record his remarks or objections, violating mandatory procedures. Chain of custody was broken and prosecution evidence was insufficient to prove the offence beyond reasonable doubt. The irregularities are fatal and warrant expunging the inventory form, resulting in failure of the prosecution case.
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The trial court lacked jurisdiction as it proceeded without the required consent and certificate from the DPP, rendering the proceedings, conviction, and sentence a nullity. Additionally, the prosecution failed to prove the charges to the required standard due to procedural irregularities in handling and admitting evidence. A retrial was not ordered as it would serve only to fill gaps in the prosecution's case, contrary to the interests of justice.
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The trial court lacked jurisdiction due to invalid DPP consent and certificate, rendering the proceedings and judgments of both lower courts a nullity. The appellant was also convicted for non-existent offences under the National Parks Act, and the prosecution failed to establish proper disposal and chain of custody for the government trophy.
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The trial was conducted with the required DPP certificate and consent; appellants were accorded full right to be heard; prosecution evidence and exhibits were properly admitted and not tampered with; the defence was considered and found not to raise doubt; all grounds of appeal are without merit.
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The prosecution case was marred by incurable defects including irregularities in search and seizure, failure to issue receipt, improper recording of extra-judicial statements, lack of opportunity for appellants to be heard during disposal of perishable exhibits, and absence of photographic evidence, resulting in failure to prove the offence beyond reasonable doubt.
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