The accused persons ATANGANA Roger, ONANA Lazare , TOKENDI NYAMINGONGO Francois and DANLADJI Adamou were arrested flagrante delicto in Djangui by ecoguards of the Lobeke national park during an anti-poaching mission. They were caught red handed while capturing parrots and also found in their possession nets, live parrots, red feathers and heads. ATANGANA Roger, ONANA Lazare Parfait and DANLADJI Adamou pleaded guilty and TOKENDI NYAMINGONGO Francois pleaded not guilty. TOKENDI NYAMINGONGO Francois pleaded not guilty and alleged that he did not kill any parrots but accompanied ATANGANA Roger to the forest to smoke their remains. He further declared that it is ATANGANA Roger and the other accused persons who killed and cut off the heads of the parrots and his role was limited only to smoking the parrots’ remains. During interrogation, the court disregarded this plea on the grounds that he knew ATANGANA Roger is well known for hunting parrots. And he also knew that on entering the forest they were going to hunt parrots and on that cannot claim ignorance of their mission to the forest. More so, the mere fact that he was caught with the others in the act and his role in smoking the parrots constitute strong evidence against him establishing his guilt. After the hearing was closed, the matter was adjourned for judgment.
The State Attorney and the Ministry of Forestry and Wildlife vs. ATANGANA Roger, ONANA Lazare Parfait, TOKENDI NYAMINGONGO Francois and DANLADJI Adamou
Country
Territorial subdivision
Court
Type of court
Seat of court
Yokadouma
Court jurisdiction
Date of opinion
2012
Abstract
Language of document
French
Reference number
No. 098/COR of 03 April 2012
Charges
Illegal killing of totally protected class A animal species.
Species
Transnational
No
Decision
The accused persons ATANGANA Roger, ONANA Lazare Parfait, TOKENDI NYAMINGONGO Francois and DANLADJI Adamou were found guilty as charged. Atangana Roger and Onana Lazare were further found by the court as recidivist and sentenced accordingly.
Appealed
No
Penalty
The accused persons were sentenced as follows: ATANGANA Roger and ONANA Lazare Parfait were sentenced to thirty (30) months fixed imprisonment term and to pay 4,000,000 XAF for fines. TOKENDI NYAMINGONGO Francois was sentenced to three (03) months fixed imprisonment term and DANLADJI Adamou to eight (08) months fixed imprisonment term and to pay 200,000 XAF for fines. TOKENDI NYAMINGONGO Francois and DANLADJI Adamou were sentenced to pay 30,360 XAF for costs each while ATANGANA Roger and ONANA Lazare Parfait were sentenced to pay 193,040 XAF each for cost. ATANGANA Roger and ONANA Lazare Parfait were sentenced to pay civil damages of 8,680,000 XAF to the state of Cameroon through the Ministry of Forestry and Wildlife (MINFOF).
Legislation cited
Law No. 94/01 of 20 January 1994 to lay down forestry, wildlife and fisheries regulations