The accused persons, Aye Mondo & Melolodom Richard are Bakas, indigenous people. They were arrested by elements of the conservation service after killing an elephant, and were found in possession of the ivories. They were forwarded before the court of First Instance, Abong Mbang for Prosecution. The presiding judge found them guilty and sentenced them to one (1) year fixed term imprisonment each and 4.267.500 XAF for civil damages. The accused filed an appeal in this case holding that they killed the elephant as an adherence to their cultural practices “the Jengi” and had no intention to commercialize the ivories. As such, they appealed against the decision of the lower court. It is on this basis that the matter was enrolled before the East Court of Appeal.
The State Attorney and the Ministry of Forestry and Wildlife vs AYE MONDO and MELOLODOM Richard
Country
Territorial subdivision
Court
Type of court
Seat of court
Bertoua
Court jurisdiction
Date of opinion
2013
Abstract
Language of document
French
Reference number
No. 35/COR
Charges
Illegal killing of totally protected animal species (Elephants)
Species
Transnational
No
Decision
The Court of Appeal accepted the appeal of the accused persons, confirmed the judgement of the lower court on the guilt of the accused persons and the civil damages awarded but reviewed the penitentiary sanction. They were sentenced to one (1) year suspended imprisonment term within three (3) years and to both pay 107.793 XAF for costs. The civil damages awarded by the lower court, the sum of 4.267.500 XAF was maintained.
Appealed
No