The Respondent, and other four persons were jointly charged in the Resident Magistrate’s Court of Dar es Salaam at Kisutu, with four counts. Two of the counts (the 2nd and 3rd), were preferred under the Economic and Organized Crime Control Act [Cap 200 R.E. 2002] (the Act). It is alleged in the 2nd and 3rd counts that, between 2/7/2015 and 6/7/2015 at Julius Nyerere International Airport in Temeke District, Dar es Salaam Region, the Respondent, a Chinese national and the other persons, who were until the material time, Public Officials working with the Tanzania Airport Authority as Security Officers, furthered a criminal racket thereby facilitating the export of various types of Government trophies total valued at Tshs. 267, 401,400/= without trophy export certificate or permit.
After the charges were read over, the Respondent and the other persons were remanded in custody. The question of bail was not considered for the obvious reason that the value of the properties involved in the charge exceeded ten million shillings. In exercise of the right to apply for bail conferred by section 29 (4) (d) of the Act, the Respondent filed an application in the High Court seeking to be released on bail. The application was opposed by the Appellant. Apart from filing a counter affidavit, it filed a certificate of the Director of Public Prosecutions (the DPP) under section 36 (2) of the Act objecting grant of bail to the Respondent on the ground that her release on bail would likely prejudice the interests of the Republic. The trial court admitted the Respondent to bail, hence this appeal.