In the District Court of Nanyumbu at Nanyumbu the Appellant
was convicted by the trial magistrate in three counts.
On being convicted on all three counts, the trial court
sentenced the Appellant to serve twenty years imprisonment on the first count,
five years’ imprisonment on the second count and another five years’
imprisonment on the third count. The trial magistrate ordered the sentences to
run concurrently.
The Appellant appealed to the High Court which after
re-evaluating the evidence dismissed it after finding that the Appellant had
been properly found guilty, and convicted.
Still unfazed by the dismissal, the Appellant brought his appeal
to this Court, based on four grounds. In the first ground, the Appellant
expresses his belief that the prosecution case against him was not proved
beyond reasonable doubt. The second ground questions why the prosecution
failed to produce the Certificate of Seizure at very least to prove that he was
in fact found in possession of Government Trophy. He urged us not to allow the
prosecution to rely on his cautioned statement to prove his unlawful
possession. In his third ground he faulted the first appellate court for
upholding his conviction on the reason that he failed to object the admission
of his cautioned statement in his final/fourth ground, the Appellant
complains that the two courts below failed to consider his defence that he was
returning home from his farm, when the Game Wardens arrested him along the
road.