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Chinese and Tanzanian free as charges dropped
2007-04-05 10:20:09
By Rosemary Mirondo
Two people were early this week acquitted by the Kisutu Resident Magistrate`s Court after failure by the prosecution to prove their case beyond reasonable doubt.
Chinese national Zhong Q (44) and Tanzanian businessman Moshi Henry (32) were facing charges of unlawful possession of a tortoise and other sea products worth 54m/-. They walked free men as the magistrate found no evidence to incriminate them.
The judgment was delivered by Senior Resident Magistrate Sivangirwa Mwangesi.
``Whereas it is true the accused were found in possession of the products in question, there is not evidence to indicate they were in their possession as they were kept on the premises of a person who had a valid business license relating to such business transactions,` ruled the magistrate.
The trial magistrate said the evidence given by Idd Shabani in Court clearly showed that the products belonged to him and not to the accused as charged.
Moreover, the magistrate observed that the possessor of the products, Shabani, had a valid business license which was produced and proved in court to be valid, justifying his legal and legitimate possession over the products.
Shabani had further told the court that he was given the products by the Fisheries Department when he showed them his license.
Earlier, Shabani told the court that he decided to keep the products on the premises of the accused because he had no place to keep them.
``In the circumstances, it is therefore clear that the accused were not the possessor of the products; that the possessor was Idd Shaban and that his possession over the products cannot be questioned any more,`` the trial magistrate said.
When asked about the presence of the tortoise on the premises, Shaban said it would be unfair to arraign the accused for that because the tortoise was found on the premises three days after the accused were arrested and were still in custody.
``It might have been planted on the premises by any person, including the police or even entered the premises on its own, `` Shaban said.
Earlier, the prosecution had brought four witnesses from among the fisheries officers.
The prosecution in their evidence said they were tipped that the premises in question harboured sea products illegally. They said the accused had no licence at the time of their arrest.
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