Park Rangers (PW1), (PW2) and one Thadeus Manongwa were travelling in a vehicle belonging to their employer— the Serengeti National Park (SENAPA). From their base in the national park, the rangers were heading towards the township of Mugumu. When they reached an area of Kisangura village of Serengeti District they saw a person walking ahead and he was carrying a parcel. They decided to follow him from behind. When this person saw the approaching vehicle, he threw down the parcel he was carrying, and took to his heels.
PW2 who was on the driving seat, stopped the vehicle, and the escapee was chased on foot. PW1 picked the parcel from the ground. When they opened up the parcel, the rangers found two dried leopard skins. The person who was trying to escape mentioned his name— the Appellant herein. When asked whether he had permit to possess the leopard skins, he replied that he did not have. The Appellant appeared before the District Court of Serengeti at Mugumu where he was charged with unlawful possession of Government Trophies contrary to section 86 (1) and (2) (c) of the Wildlife Conservation Act No. 5 of 2009 read together with para 14 (d) of the First Schedule to, and sections 57 (1), 60 (2) both of the Economic and Organized Crime Control Act [Cap 200 R.E. 2002]
The trial proceeded uneventfully until after the Appellant completed his cross examination of PW2. Later on 28/1/2011 the public prosecutor informed the trial court that the Appellant had jumped and escaped from a lorry that was transporting him and other remand prisoners from the district court to remand prison. The trial court issued an arrest warrant against the Appellant and allowed (PW3), a Game Warden, to testify.
The learned trial magistrate found the Appellant guilty and convicted him on the basis of the evidence of the three prosecution witnesses. On 8/10/2013 which was almost four months after his conviction and sentence in absentia, the Appellant was brought before the trial court. The learned trial magistrate read out the sentence which required the Appellant to either pay a fine of Tshs. 50,000,000/=, or to serve 20 years’ imprisonment in default. The Appellant’s first appeal was dismissed. Still aggrieved, he preferred this second appeal to this Court.