By FAUSTINE KAPAMA-Judiciary
THE attempt by former police officer from Arusha, EX.
G. 2434 Police Constable George to escape a life imprisonment sentence imposed
on him for trafficking in 18 bags of bhang has hit bricks wall.
In its judgement delivered in Moshi Registry recently,
the Court of Appeal dismissed the appeal under which PC George, the appellant,
lodge to challenge the findings of a Resident Magistrate's Court, which heard
the economic trial under extended jurisdiction.
“We have no doubt that the appellant was rightly
convicted of the offence with which he had been charged and the sentence
imposed on him was the mandatory penalty for the offence. This appeal is, (….),
dismissed in its entirety,” Justices Gerald Ndika, Ignas Kitusi and Omar Makungu ruled.
It was alleged during the trial that the drugs in
question were found in a vehicle with registration numbers special for the
police force.
During hearing of the appeal, the appellant had, thus
complained whether there were drugs in the motor vehicle; whether he was
associated with and/or had control of the vehicle and whether the prosecution
proved an unbroken chain of as well as the case against him.
In their judgment, the justices pointed out that there
was no dispute that the appellant and one Corporal Edward were arrested at the
scene and that both were police officers stationed in Arusha Region.
They took the prosecution’s evidence that Corporal
Edward subsequently escaped from police custody while being taken to Arusha to
hand over office properties.
“The appellant's contention that he was coincidently
with Corporal Edward at the scene is a fancy attempt by him to disgorge the
impeccable story told by the prosecution,” the justices said.
Therefore, it was their finding that the prosecution
proved through two prosecution witnesses that the appellant was associated with
and had control of the motor vehicle, the carrier of the contraband.
As regards to whether the prosecution proved an
unbroken chain of custody, the justices recalled to have held in quite a number
of decisions that chain of custody may be proved otherwise than through paper
trail.
“After considering all relevant factors, we are
satisfied that although in this case there is no explanation for the in
ordinate delay in preparing a report of the government chemist, we still hold a
strong view that the integrity and evidential utility of the seized drugs
remained intact,” they said.
It was alleged at the trial that on May 18, 2013 at
Kilema area within Moshi in Kilimanjaro Region, the appellant, who was then a
police officer, was found trafficking 18 bags of narcotic drugs commonly known
as bhang, equivalent to 540 grams, valued at 81m/-.
According to the prosecution, it was a sheer
coincidence that police officers stationed in Moshi led by a Superintendent of
Police (SP) and one Inspector, who had been detailed to execute an assignment
at Marangu area, stumbled into the drugs while proceeding to their destination.
The time was a bit odd. So, when such senior police
officer and his team were proceeding to Marangu, they saw a vehicle with
registration numbers special for the police, by the side of the road and they
did the natural thing expected of concerned colleagues, especially considering
the time. It was 23:00 hours.
They stopped with the view of rendering assistance if
there was a problem. When they inched closer to the vehicle, a person who
introduced himself as Corporal Edward of Field Force Unit (FFU) Arusha got out
and told the other curious police officers that he had a flat tyre, but had
fixed it.
The SP and his team that they should not worry because
he was ready to proceed with his journey to Holili area to deliver something
and that after all, he was in the company of PC George, also a police officer
based in Arusha, who was in the car. PC George happens to be the appellant.
They drove off but when they were a few meters away,
curiosity got the better of them, so they went back to the vehicle. It was at
this point that they learnt their two colleagues from Arusha had no movement
permit nor carrying any firearm, which they considered to be unusual.
But that was not the only transgression because these
two senior police officers soon learnt that their colleagues from Arusha were
also carrying sacks of bhang in the car.
When the secret mission had been exposed, the two
culprits disclosed that they were headed to Rombo District to deliver the bhang
to a person.
A certificate of seizure was prepared and signed by
the suspects right there. They were arrested, kept in police custody while the
18 bags of the seized bhang were kept in a store.
Only the appellant and a person known as Livingstone
Bartholomeo Urasa were charged because Corporal Edward escaped from the police.
Batholomeo was alleged to be the man to whom the illicit drugs were destined, but at the end of the trial the court found him not guilty and acquitted him.
Hakuna maoni:
Chapisha Maoni