By FAUSTINE KAPAMA-Judiciary
THE High Court’s Corruption and Economic Crime
Division has sentenced drug dealer Simon Andrew Boaa to 24 years
imprisonment for trafficking in Catha edulis
(Khat) commonly known as Mirungi weighing 116.16 kilograms, which are narcotic
drugs.
Judge Immaculata Banzi imposed such sentence
against the accused person recently after convicting him of the offence he was
charged with. She ruled that the prosecution managed to prove the case against
the accused beyond reasonable doubt.
It was the
finding of the court that since the accused person was found in possession of
the drugs in question in the course of conveying from one point to another; his
act amounted to trafficking as per definition of the trafficking under section
2 of the Drug Control and Enforcement Act.
“I find the
accused person, Simon Andrew Boaa guilty and I hereby convict him with the
offence of trafficking in narcotic drugs (…….).I hereby sentence the accused
person to 24 years imprisonment,” the judge declared.
She took into
consideration the Tanzania Sentencing Manual for Judicial Officers, where a
convict of drug trafficking offence under section 15 (1) (a) of the Drug Control
and Enforcement Act can be sentenced with a minimum sentence of 20 years
towards 30 years which is maximum penalty.
The judge also considered
the submission by prosecution of no previous criminal record against the
accused and the effect of narcotic drugs on human being as well as mitigation
factors as submitted by defence that the accused is the first offender, he
spent three years in custody and having dependants.
She was also aware
that trafficking of narcotic drugs is a serious offence and on the effects of
Catha edulis on human being because according to Analyst report, it causes drug
dependence and mental disorder.
“But taking into
consideration that the accused person has no criminal records for being first
offender and the time he had already spent in custody which is more than three
years, it is my considered view that he deserves lenient sentence,” Judge Banzi
ruled.
During the
trial, the prosecution had told the court that the accused person, who was
jointly charged with another person, Abushi Abudallah, who escaped from
custody, committed the offence on February 2, 2019, at Kwa Msomali Bomang'ombe
area, within Hai District in Kilimanjaro Region.
After hearing the
evidence tendered by both prosecution and defence witnesses, the judge had to determine
three questions including whether 530 bundles of leaves were seized from the
motor vehicle with registration number T443DETmake Toyota Noah.
She had also to
determine whether on the material night, the accused person was arrested in the
motor vehicle in question and whether chain of custody was maintained.
Having taking
into consideration the evidence of nine prosecution witnesses, 15 exhibits
tendered and the testimony of the accused person, the judge answered the said
three questions in the affirmative.
It was the
finding of the Court that, on the material night of incident, the accused person
was found in the motor vehicle in question in actual possession of 530 bundles
of leaves which were narcotic drugs as per testimony of prosecution witnesses.
“There is no
doubt the accused was aware of the presence of narcotic drugs within the secret
chambers as they were the only persons found in the vehicle. Unfortunately, the
accused person did not give any reasonable explanation on how he ended up in
the said vehicle in the middle of the night,” she said.
Facts show that
on the material date at around 00:50 am while three police officers were on
duty at police barrier of Kwa Msomali, Bomang'ombe area they saw a motor
vehicle with registration number T443 DET make Toyota Noah arriving and they
stopped it for a routine inspection.
Such vehicle had
two persons, Abushi Abudallah, the escapee, who was a driver and the accused
person. After stopping, they raised suspicion and asked them what they were
carrying. The duo replied that they had nothing.
One of the
police officers was satisfied whereby he called and informed the Inspector on
duty at the station about his suspicion who instructed him to take the motor
vehicle in question and the suspects to the station.
Thereafter, the
three police officers boarded in the motor vehicle in question and one of them
took the steering to the station. The inspection of the vehicle began on
arrival at the station.
In the course of
inspection, one of the police officers discovered chambers which were skillfully
made at the inner part of the bumper on the front tyres, in the boot and at the
entrance of the middle door. All chambers were covered by a piece of tin and
tied up with nuts.
Also, the ones
in the boot and middle door were concealed by carpet. After seeing that, one of
the police officers opened the chambers and after found bundles of fresh leaves
suspected to be narcotic drugs, Catha edulis. The bundles were packed in
newspapers package.
After
retrieving, they counted and got a total of 530 bundles. The police officers seized
them together with the motor vehicle in question through certificate of seizure,
which was signed by one of the policemen, the escapee and the accused person.
Hakuna maoni:
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