Moshi court orders arrest of two sureties in smuggling case

THE Moshi Resident Magistrate’s Court has issued an arrest warrant for two sureties of a Pakistani national charged with smuggling live wild animals out of the country, Kamran Ahmed, who has reportedly jumped bail.

Senior Resident Magistrate in-Charge Simon Kobelo ordered the arrest of Peter Temba and Jackson Kimambo for failure to ensure the accused person appears in court at a specified date and failure to make themselves available as well.

Asking for the order, Senior State Attorney Mr Joseph Maugo told the court that the duo have failed to comply with what they agreed in writing at court before the accused was released on bail.

Mr Kobelo concurred with the attorney’s prayer, saying since the sureties have failed to turn up even after they were summoned, it was the court’s duty to issue the order through which a search will be made and have them arrested wherever they might be.

Ahmed is co-charged with three Tanzanians, Hawa Mang’unyuka, Martin Kimathi and Michael Disha, for smuggling over 100 animals through the Kilimanjaro International Airport (KIA) on November 26, 2010.

He has, however, not appeared in court since March this year. Mr Maugo informed the court that after the accused person went missing, they made effort in collaboration with Rau ward executive officer to look for Temba, who is the first surety only to find out he has since moved from his residence at Rau, while his whereabouts were unknown.

As for the second surety, Kimambo, Mr Maugo said the information they got from the police is that he went to an unidentified location as soon as he received the court summons and it is not known where he lives.

The magistrate ruled that the matter will come up for mention on May 30. In the meantime, the police have been ordered to search for Kamran as well as the sureties "within and outside their addresses".

The sureties, who agreed in writing to make sure the accused appears in court at all dates specified in their undertaking, may have to forfeit their properties or amount of money specified in their surety undertaking.

The ‘Daily News’ could not establish the nature of properties or amount of money that the sureties had pledged.

In the case that has attracted local and international attention, the accused persons are alleged to smuggle out of the country more than 100 live animals and birds including four giraffes worth 113,715 US dollars on November 26, 2010.

The animals in question were allegedly exported to Qatar by a military plane without proper loading documents.

In criminal cases, accused persons have to be present during the whole trial even if they are represented by a counsel.

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