One Gebu Ichoma Sayi, was arraigned in the Resident
Magistrate’s Court of Mtwara at Mtwara for the offence of Unlawful Possession
of Forest Produce contrary to section 88 of the Forest Act No. 14 of 2002 read
together with Regulations 10 and 57 of the Forest Regulations GN No. 153 of
2004. The accused (as he then was) denied the charges. After a full trial, the
accused was found not guilty and acquitted by the trial court. The 3300 pieces
of timber tendered as exhibit P4 were ordered to be restored to the accused
upon completion of the required clearance procedures.
Dissatisfied, the DPP appealed to the High Court Mtwara
against the decision and order of the trial court. The appeal filed and
registered as Criminal Appeal No. 25 of 2018 was marked abated by an order of
the High Court Judge on the 25th July, 2018. Following the death of
the Respondent, the current Respondent initiated efforts to seek to be handed
the pieces of timber ordered to be restored to the accused by the trial court.
While the follow-up was on going, on the 11th of
January, 2019 the DPP filed an application under section 13A (1) and (2)(b) of
the Proceeds of Crime Act [Cap 256 R.E. 2019] and sought for the 3300 pieces of
timber which were previously seized from Gebu Ichoma Sayi during investigation
be confiscated to the Republic. The application was duly countered by the
current Respondent. The learned High Court after hearing and considering the
relevant submissions from counsel from both sides, dismissed the application
finding it devoid of merit. It is against this decision, that the DPP has filed
the current appeal.