Court gives life term to ‘Horohoro’ in cocaine case

Mr Mrisho was charged with breaching Section 15(1)(a) and (3)(iii) of the Drugs Control and Enforcement Act, Cap. 95, as amended, read with paragraph 23 of the First Schedule of the Act, and Sections 57(1) and 60(2) of the Economic and Organised Crime Control Act (EOCCA).

The prosecution told the court that on October 31, 2023, in Boko Magengeni, Kinondoni District, Dar es Salaam Region, Mr Mrisho was apprehended transporting the drugs.

In economic sabotage case number 34390/2024, the Republic presented 14 witnesses and 23 exhibits, while the accused was the sole defence witness.

The fourth prosecution witness, Inspector Paschal Daudi, testified that on the day of the incident, DCEA officers on routine patrol in Mwenge received information that drug trafficking was taking place in Tegeta and that the suspect was on the move.

He said they were informed that Mr Mrisho, driving a white BMW X5 with registration number T189 DWY, had the drugs.

Officers set a trap, tracked the vehicle, and coordinated with traffic police.

The tenth prosecution witness, Sergeant Joseph, said they stopped the vehicle, placed the suspect under guard, and informed him he was suspected of transporting narcotics.

He stated they sought an independent witness and, during a search, discovered a pistol, seven bullets, several identity cards, bank cards, Sh4.1 million in cash, a nylon bag containing white powder suspected to be drugs, and other documents.

The court heard that samples of the powder were sent to the Government Chemist Laboratory Authority (GCLA), which confirmed it was cocaine weighing 326.46 grams.

Defence

In his defence, Mr Mrisho said he was arrested on October 27, 2023, at 5 p.m. at Tandale market while conducting his business and taken to DCEA offices at Kivukoni, where he claimed to have been found with a pistol, a wallet, and Sh150,000.

He claimed he was pressured during interrogation to reveal the location of the shipment.

Mr Mrisho said he overheard someone named Salmin, whom he knew from the same village of Sonde (Lushoto), Tanga Region, and alleged that a land dispute between their parents had caused personal enmity and fabrication of the case against him.

The accused denied signing any arrest document, owning any vehicle, or knowing how to drive, and asked the court to acquit him, saying he was not involved in drug trafficking.

Judge’s ruling

After hearing both sides, Judge Kisanya said the court’s decision must consider whether the prosecution had proved the case beyond a reasonable doubt.

He noted that under Sections 15(1)(a) and (3)(i) of the DCEA, transporting drugs is established if the accused is found with over 200 grams of narcotics.

The judge observed that the accused said he was arrested on October 27, 2023, while the offence was alleged to have occurred on October 30, 2023.

Moreover, at his initial statement, the accused did not present an alibi explaining his absence from the scene on that date.

After examining the issues, the judge considered whether the drugs were lawfully seized and whether the chain of custody and security procedures were followed.

Judge Kisanya concluded that the prosecution had proved beyond a doubt that Mr Mrisho was guilty of transporting 326.46 grams of cocaine.

“Accordingly, the court found Mr Mrisho guilty under Section 15(1)(a) and (3)(i) of the Drugs Control and Enforcement Act, and under Section 60(2) of the EOCCA, which prescribes a mandatory life sentence,” he ruled.

The judge issued five orders regarding exhibits, including the destruction of the seized narcotics in line with the law.

He ordered the return of the suspect’s mobile phone, bank cards, vehicle registration documents, vehicle sale agreement, and a bag containing clothes.

The firearm and ammunition were ordered handed to the Registrar of Firearms for further legal action, which could include returning them if lawful.

Regarding Sh4.1 million, the vehicle, and its keys, the prosecution was directed to take action under Section 53 of the Drugs Control and Enforcement Act.