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Tanzania decisions
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The Court of Appeal allowed a criminal appeal, holding that an out-of-time cautioned statement was inadmissible and that adverse inference arose from a missing material witness.
The Court of Appeal allowed a criminal appeal involving alleged unlawful possession and dealing in elephant tusks, finding the prosecution had not proved the case beyond reasonable doubt.
The prosecution proved its case beyond reasonable doubt against the 1st, 2nd, and 3rd appellants through consistent evidence, constructive and actual possession, and corroborated confession statements. The chain of custody was maintained for non-easily altered items. The conviction of the 4th appellant was not supported by evidence due to variance in dates and insufficient linkage to the offence.
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The Court of Appeal upheld convictions for unlawful possession and dealing in elephant tusks, quashed a leading-organised-crime count, and enhanced one sentence.
The prosecution failed to prove beyond reasonable doubt that the accused persons were found in possession of the government trophy as alleged, due to variance between the charge and evidence, failure to establish constructive possession, and a broken chain of custody resulting from the absence of a key witness and non-compliance with statutory requirements for seizure.
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The prosecution failed to prove the essential ingredients of collection, transportation, and selling of 118 elephant tusks as required by the particulars of the charges. The chain of custody of evidence was broken, and oral confessions lacked voluntariness and specificity. The charge sheet was not defective, but the evidence was insufficient to sustain conviction. Jurisdictional objection was overruled due to overriding objective principle.
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The High Court in Kigoma granted the applicant and co-accused bail pending trial in a criminal revision, after noting prolonged custody and incomplete prosecution steps.
The High Court struck out a criminal appeal as incompetent because the notice of appeal was wrongly titled and the procedural defect went to the root of the matter.
The High Court of Tanzania granted bail pending trial to two applicants charged with unlawful dealing in trophies, imposing strict bond, surety, and travel conditions.
The application for bail has merit as the offence is bailable and the statutory requirement for deposit of half the value is unconstitutional; bail is granted with alternative conditions.
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