The accused persons AFOUMOU EMILE and MOUKO CLEMENT were arrested flagrante delicto in possession of 02 Processed elephant ivories, 01 Processed ivory piece, 03 carved ebony art objects, scraps of ivory from the processed elephant tusks and 02 broken art objects. The failed to appear before the court during prosecution and they court proceeded to hear the matter in absentia. That during interrogation, the accused persons claimed that the processed ivories were acquired by their parents before the coming into force of the 1994 wildlife law. Rejecting this claim the court stated that, an awareness campaign was launched by the Ministry of Forestry and Wildlife. Considering that the elements constituting the offence of illegal detention and circulation within the national territory of trophies of totally protected animals are operative i.e. effective possession which is translated here materially and technically by taking possession and misuse of processed ivories. More so, there is existence of the intention to illegally detain proven by lack of due authorization and subsequent commercialization of the said products. They court inherently found them guilty and the matter was adjourned for judgement.
The State Attorney and the Ministry of Forestry and Wildlife vs. AFOUMOU EMILE and MOUKO CLEMENT
Country
Territorial subdivision
Court
Type of court
Seat of court
Ebolowa
Court jurisdiction
Date of opinion
2018
Abstract
Language of document
French
Reference number
No. 324/COR of 13 April 2018
Charges
Illegal killing of totally protected animal species; Illegal detention and circulation of trophies of protected animal species within the national territory without a certificate of origin, and transformation and destruction.
Species
Transnational
No
Decision
They were found guilty as charged.
Appealed
No
Penalty
The accused persons were sentenced to two (2) months’ suspended imprisonment term within three years, to pay 202.760 XAF for costs and 3.000.000 XAF as civil damages to the State of Cameroon through the Ministry of Forestry and Wildlife.
Legislation cited
Law No. 94/01 of 20 January 1994 to lay down forestry, wildlife and fisheries regulations