Country
Territorial subdivision
Type of court
Seat of court
Mouila
Court jurisdiction
Date of opinion
2016
Abstract
On November, 9, 2016, after a denunciation, Kielouhouin Pierre and Sidibe Brahima were arrested in the midst of a transaction by the agents in possession of six raw and fresh ivory tusks with total mass weight of 20 kg hidden in two bags of rice. They claimed to have received ivory tusks from Mabila Martial, which in turn designated Mihindou Michel as the main provider.
Language of document
French
Reference number
Decision No 015/2015-2016
Charges
Possession, attempt to trade in trophies of fully protected species.
Species
Money value
XAF 90,000 (ninety thousand)
Transnational
No
Decision
Kielouhouin Pierre and Sidibe Brahima were found not guilty attempt of marketing of trophies of fully protected species; Mabiala Martial was found not guilty of marketing of trophies of fully protected species; Mihindou Michel was found guilty of possession and marketing of trophies of fully protected species; Kielouhouin Pierre and Mabiala Martial were found guilty of possession of trophies of fully protected species. - Concerning the possession of ivory tusks: the three accused admitted the facts; - Concerning the attempt to trade in trophies of fully protected species: Nkielouhouin and Sidibe were caught red handed and admitted the facts; - Concerning the trade in trophies of fully protected species: it appeared from the case file that Mihindou sold the tusks at XAF 90,000 while the liability of Mabiala could not be established.
Appealed
No
Penalty
Mihindou Michel was sentenced each to 3 months imprisonment and to a fine of XAF 100,000 (one hundred thousand ); Kielouhouin Pierre and Mabiala Martial were sentenced to 90 days imprisonment including 45 days suspended and to a fine of XAF 500,000 (five hundred thousand); The accused were sentenced to jointly pay XAF 3,000,000 (three million) as civil damages; The accused were sentenced to pay the costs; The court ordered the sealed products to be made available to the competent administration.
Legislation cited
Forest Code