"Fiat Justitia Ruat Caelum"

Witness testifies seeing wildlife loaded in plane

A PROSECUTION witness in the case in which four people are accused of smuggling wild animals out of the country has told Moshi Resident Magistrate Court that the animals were loaded and transported to Qatar without required documents.

Mr Robert Nyanda (48), who was a clamp supervisor at Kilimanjaro International Airport (KIA), said he saw the animals, who were loaded without cargo manifest or loading instruction papers contrary to airport requirements.

The accused persons are a Pakistani national, Kamran Ahamed; Hawa Mang’unyuka, Martin Kimathi and Michael Disha, who are represented by advocates Edmund Ngawale and Erick Gabriel.

Before Moshi Resident Magistrate In-Charge, Mr Simon Kobelo, the 20th witness said he would always make sure the two documents are available, but did not do so on November 25, 2010.

Led by Senior State Attorney, Ms Eveta Mushi, in the examination in chief, Mr Nyanda who works with Swissport and has a 15 years work experience, said a company had hired the equipment from Swissport as the plane in question was a military one.

In the case that has attracted local and international attention; four persons are charged with smuggling out of the country live animals, including four giraffes worth 113,715 US dollars. During cross examination by Advocate Ngawale, the witness told the court that he was directed by his then boss, Rosemary Israel, to supply the equipment needed for loading the cargo.

“I had no cargo manifest or loading instructions … the plane was not mine; I was just ordered to supply support equipment, if it was a Swissport plane we would not do that,” the form IV leaver responded to Advocate Ngawale’s cross examination.

Nyanda who still works with Swissport but at Julius Nyerere International Airport (JNIA) said the equipment he supplied were high loader, forklift, ground power and enough people to operate the same.

He said that on the material day, he worked from 11am to midnight and it was past midnight when the cargo was unloaded from some trucks, weighed and loaded in the plane.

He identified Mr Kimathi and Kamran as some of persons who disembarked from a saloon car that had pulled up at KIA. He further testified that there were many other youth who came by and helped in unloading the live animals from the trucks.

While cross-examined by Advocate Gabriel, Nyanda said there were several cargo handling companies but insisted that the one that dealt with the military plane was Equity. Mr Gabriel queried why he had earlier on told the court that only Swissport operates at KIA.

The witness denied to have said that. Another witness, Reward Amani (61), who was then an Air Traffic Management Manager, told the court that the plane had a permit to land on November 7, 2010, but did not do so.

However, the retired officer, who has four ratings in air traffic management, said it did arrive at KIA on November 24 and took off on November 26 at about 8:50am and after complying with every procedure.

He was led in the cross-examination by another Senior State Attorney, Mr Joseph Maugo, to tender to court a flight plan (map) as an exhibit.

The Republic is also represented by State Attorney Attorney Stephen Mwanasenjele. The witness said the plane, a C.17, arrived at KIA from Doha, Qatar, and took off by the same route.

He added that he did not deal with types of cargos or how they are loaded and unloaded. The case was adjourned until today when more prosecution witnesses will be called upon to testify.

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