Court rejects DPP`s objection to bail for Chinese nationals

By Karama Kenyunko

25th December 2013

The High Court in Dar es Salaam rejected an objection by the Director of Public Prosecution (DPP) to bail for three Chinese nationals charged with unlawful possession of elephant tusks.

The three were denied bail on Monday for their safety and public interest. Earlier, the DPP had filed a certificate objecting to the granting of bail to the accused under section 148(4) arguing that the court has no authority to hear the application as the case is premature.

The accused Chinese nationals are Huang Gin (50), Xu Fujie (22) and Chen Jinzhan (31).

Advocate Rweyongeza contended that the section quoted by the DPP was not proper. He said the DPP was supposed to file the certificate after the committal proceedings had taken place.

“Your honour, the certificate is premature and has been filed using the wrong provision,” he said.

For her part, prosecutor Faraja Nchimbi argued that the certificate was properly filed and covered all requirements of the law. She added that the court does not have the jurisdiction to hear the said bail application.

Making a ruling on the arguments Judge Teemba agreed with advocate Rweyongeza that the DPP’s certificate was improperly filed under a section of the Criminal Procedure Act (CPA) and therefore rejected the application.

The prosecution, led by State Attorney Biswalo Mganga, requested the court to give it seven days to file a counteraffidavit. 

Judge Teemba ruled that this should be made on January 3 and the defence should submit a rejoinder, if any, on January 10 when the case comes up for hearing.

It was earlier alleged that the accused committed the offence on November 2, this year, at Kifaru Street, Mikocheni B in Kinondoni District. 

It was further alleged that on the said date the accused, jointly and together, were found in unlawful possession of 706 pieces of elephant tusks. 

These weighed 1,889kgs, and were worth 5,435,865,000/-, property of the government. It was also alleged that the accused had no permit from the director of wildlife and the tusks represented the slaughter of about 400 elephants. 

It was claimed that the tusks were found in sacks of garlic at the house of the Chinese nationals.

All the accused were remanded in custody.

SOURCE: THE GUARDIAN