The State Attorney and the Ministry of Forestry and Wildlife vs GNUMKAM BOGNE Ernest

Country
Territorial subdivision
Seat of court
Bertoua
Court jurisdiction
Date of opinion
2013
Abstract

Two French citizens, GARCIA Laurent Raymond Ferdinand and DELATOUCHE Jean Marc obtained a hunting permit to kill elephants in a hunting zone organized by a hunting SAFARI. They killed an elephant, took out valuable trophies and abandoned the elephant carcass for the indigenous people. The accused Gnumkam Ernest collected the carcass and was later arrested by elements of the conservation service. He was charged with the illegal killing of a totally protected animal species. After interrogation, he was forwarded before the court of first instance, Abong Mbang for prosecution. He was found not guilty as charged and was discharged and acquitted. The Ministry of Forestry and Wildlife together with the state Attorney filed an appeal to review both the penitentiary and pecuniary as provided by the 1994 wildlife law. It was based on this this case was admitted and enrolled before the Court of Appeal, East.

Language of document
French
Reference number
No. 073/COR
Charges
Illegal killing of totally protected animal species (Elephant).
Money value
Unknown
Transnational
No
Decision
The Court of Appeal acknowledged the appeal but confirmed the initial judgement of the lower court that found the accused not guilty as charged. It affirmed that the initial poachers, GARCIA Laurent and DELATOUCHE Jean were to be held liable but possessed a hunting permit. The accused was found not guilty, discharged and acquitted. The costs of the proceedings was borne by the Public Treasury.
Appealed
No
Legislation cited
Law No 94-01 of 20th January 1994 to lay down forestry, fisheries and wildlife regulations, secs. 78, 101, 158