British High Commission

from the High Commissioner Dar es Salaam

22 November 2005
Umoja House
Garden Avenue
Mr Adadi Rajabu (PO Box 9200)
Director of Criminal Investigation Dar es Salaam
CID Headquarters Tanzania
PO Box 9093
Dar es Salaam Telephone: (255) 22 2110101
Facsimile: (255) 22 2110102
E-mail: andrew.pocock@fco.gov.uk

Mr and Mrs Stewart Middelton, Silverdale Farm

I should like to put on record a matter of great seriousness, involving UK citizens and
investors in Tanzania.

Stewart and Sarah Middelton bought a farm – Silverdale – in Moshi from Mr Benjamin
Mengi. They did so entirely legally and transparently. But for the last year, Mr B Mengi has
been trying to regain the property. The Middeltons have documented a series of what they
consider to be illegal efforts to repossess the property. These have included intimidation, and
even death threats to them personally.

They have sought police assistance, but the evidence is that the local police do not seem
impartial. A very serious incident took place on 21 November, when Mr Middelton was
arrested on what appear to be entirely trumped-up grounds. He and a colleague were seized
by local policemen, never formally charged or given an indication of the charges, and taken
before a magistrate under armed guard. Even when they were before the magistrate, there
was no charge sheet, nor did the magistrate make any effort to obtain one.

We support the rule of law in Tanzania. Unfortunately, this incident shows a flouting of that
rule. I attach a lengthy statement from Mr and Mrs Middelton, which puts the legal case into
perspective, and provides a detailed readout of the events surrounding Mr Middelton’s arrest.
Their conclusion is that the charging process by the police had been skipped altogether.
Given all the circumstances, this could amount to a case of false arrest.

I also enclose a letter from Mr Middelton to the Regional Crime Officer of Hai District, dated
20 November. This is a complaint about police facilitation of Mr B Mengi’s entry into
Silverdale Farm on 12 November. Mr Middelton has copied this letter to me and to the
Deputy Minister of Home Affairs.
You will no doubt be concerned, as I am, by what appears to be continuing intimidation of a
bona fide investor in Tanzania. Part of this intimidation seems to be coming from the local
police force. Mr Middelton is not a criminal. There is no evidence that he has broken
Tanzanian law in any way. Yet he is arrested without charge and taken by armed guard
before a magistrate. I would welcome the chance to discuss this case further with you. I
would be particularly grateful for your help in ensuring that the Moshi police operate within
the parameters of Tanzanian law. I am particularly mindful of the efforts of the Government
of Tanzania to encourage legitimate investment, and concerned that a British National who is
the source of such investment – and of local employment and exports – should be subjected
to harassment that does not reflect Tanzania’s traditional hospitality.

I look forward very much to discussing this with you. Many thanks for your help. I am
copying this letter and its enclosures to Capt. John Chiligati, Deputy Minister of Home
Affairs.

Andrew Pocock

Cc: Hon Capt. John Chiligati, Deputy Minister of Home Affairs

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