High Court set free Chinese fishermen

Two Chinese, Tsu Chin Tai and Zhao Hanqueing who were convicted of illegal fishing in the exclusive economic zone of Tanzania and sentenced to 20 years imprisonment, yesterday won their appeal at the Court of Appeal.

The two foreigners won the appeal after the court ruled that the previous judgment had legal shortcomings. In the appeal, they asked the highest court in the land to quash their conviction on two offences and set aside the sentence of ten years' imprisonment or a fine of 21bn/- imposed on them by High Court Judge Augustine Mwarija on February 23 last year.

The two were convicted of unlawfully carrying out fishing activities in the Exclusive Economic Zone of the United Republic of Tanzania and sentenced to a fine of 20bn/- each or go to jail for ten years in default of paying the fine.

Tai was convicted of a separate offence of water pollution and degradation of the marine environment. He was sentenced to pay a fine of 21bn/- or imprisonment for 10 years upon failure to pay the fine in question. Both appellants defaulted on paying the fine.

During the trial, the prosecution had alleged that on diverse dates between January 10 and March 8, 2009, while on board a motor vessel christened Number 68 Buyoung, alias Tawariq-1, alias Tawariq-2, the accused jointly carried out fishing activities in the EEZ of Tanzania without a licence.

The court was told further that within the same period, the accused polluted the environment of Tanzania's EEZ by throwing offal and other fish waste and also by throwing oil in the water. In demonstrating its case, the prosecution had summoned 13 witnesses.

The two convicts were charged alongside 35 others, some of whom died before the trial was concluded, while others were acquitted by the trial court for lack of evidence.

When sentencing the two, Tai, a Taiwan national, and Hanquing, a Chinese, the trial judge took into consideration the circumstances for which the offences were committed and in addition to the sentences provided.

Prosecution said that the accused jointly, within the exclusive economic zone of the United Republic of Tanzania, at latitude 06.29, 45 and longitude 43 10.9E, latitude 7 46S and longitude 43 25E and latitude 8 05S and longitude 43 10E, they fished without a licence different species of fish weighing 100 tonnes worth 650m/-.

On the second count, it is alleged that Hsu Chin Tai erased a fishing track on the global positioning system (GPS) with intent to alter information about the fishing vessel's movements and activities.

SOURCE: THE GUARDIAN