By Kusekwa Kusekwa
The High Court at Arusha has freed a resident of Babati, Mabe Shauri Slaa, who was serving a 30-year sentence in jail for possession of two elephant tusks, being government trophies.
Judge Frank Mahimbali quashed the conviction and the sentence imposed on Slaa by the District Court of Babati, after he allowed his appeal because the prosecution had failed to present a watertight case.
“Consequent to this, I order the appellant be released from prison forthwith unless lawfully held. As regard to other orders of confiscation of government trophy and return of the motorcycle to the owner, I have no adverse opinion and I uphold them all,” the judge declared in a judgement delivered recently.
Quashing both the sentence and penalty, the judge said the prosecution had failed to perform their nobel duty of proving the case against the appellant and his fellow beyond reasonable doubt to the legal standards as set.
“The appellant being just a motorcyclist, his role was limited to carrying a passenger and not inspecting the passenger’s luggage unless he was prior hinted so.
“Passing a conviction on such weak evidence is equivalent to also failing to evaluate the evidence on record and application of the law as entrusted by the Constitution and legal enactment,” the judge said.
According to the prosecution, the police intercepted a motorcycle at Khusumay village, Karatu District on March 29, 2025, carrying two passengers, one of them escaped. Slaa was arrested and charged with possession of the two elephant tasks, which were rolled in polythene bag.
