The High Court has thrown the ball back to the Ministry of Livestock Development the responsibility of handing back to two Chinese fishermen the consignment of fish and the ship that were tendered in evidence during the hearing of an illegal fishing case.
Such new development is likely to cost the government about 3.2bn/- following the prosecution’s failure to prove the charges the two Chinese men, Hsu Chin Tai and Zhao Hanquing, were facing in relation to illegal fishing in the Exclusive Economic Zone (EEZ) of Tanzania.
In a letter dated December 17, 2014, addressed to the Permanent Secretary (PS) of the ministry, the High Court forwarded to the government for consideration the demand by the two Chinese to have the fish worth 2,074,249,000/- and the ship valued at 1.2bn/- returned back to them after being set free.
Following the discharge of the two Chinese on August 14, last year, the counsel for the two men, MS B & m Law Chambers, wrote to the court requesting the release of the ship ‘Tawariq 1’ and the 296.3 metric tonnes of fish, which were impounded and later distributed to members of the public.
“We are, in that context, bringing the whole matter to your attention for consideration,” the letter signed by Projestus Kahyoza, the District Registrar of the High Court, Dar es Salaam Zone, stated.
The decision by the High Court to refer the matter to the ministry followed a commitment by the government and undertaking to reimburse the accused persons a sum equal to the value of the fish at the time of arrest in the event they were acquitted.
Affidavits presented in court during the trial, two government officials from the ministry, Mr Godfrey Nanyaro and Dr Charles Nyamrunda, stated that the government would deposit in court the said amount not later than 30 days from the acquittal of the accused persons upon being found not guilty.
In 2009, the two accused persons were charged with unlawful carrying out of fishing activities in the EEZ and water pollution and degradation of marine environment.
Hanquing was charged with an alternative count of accessories after the fact. The prosecution had alleged that between January 10 and March 8, 2009, jointly and together, the duo carried out fishing activities in the EEZ of Tanzania without a Licence.
Within the same period, according to the prosecution, both accused persons polluted the waters and degrading the marine environment of the Tanzania’s EEZ by throwing offal and other fish waste in the waters.
It was alleged further that between March 8 and 11, 2009 at various places in Mombasa, Kenya and the Dar es Salaam Port in Temeke District, knowing that Tai carried out fishing activities in EEZ of Tanzania without licence, Hanquing assisted him in order to enable him escape prosecution and punishment.
After full trial, on February 23, last year, the High Court convicted the two of unlawful carrying out fishing activities in EEZ and sentenced them to pay a fine of 1bn/- each or go in jail for ten years in default of paying the fine.
Tai was convicted of another separate offence of water pollution and degradation of marine environment. He was sentenced to pay a fine of 20bn/- or imprisoned for 10 years upon failure to pay the fine in question.
Both of the appellants defaulted to pay the fine. Having been aggrieved by the judgment, the two took the matter to the Court of Appeal. In its decision, the Court of Appeal reversed the High Court verdict and discharged the two Chinese.
Immediately thereafter, the two were rearrested and charged with same charges at Kisutu Resident Magistrate’s Court. But on August 14, last year, the Director of Public Prosecutions withdrew the charges by entering a nole prosequi certificate, showing he was no longer interested to pursue the case.
2015 AllAfrica