The State Attorney and the Ministry of Forestry and Wildlife vs. NYAMA SIMON. MBOE CARINE, MONABANG MINKO FERNANDE, MEDOU Jean Bart and FOTSA OLIVIER Colince

Country
Territorial subdivision
Type of court
Seat of court
Djoum
Court jurisdiction
Date of opinion
2019
Abstract

On the 28 June 2019, the accused persons NYAMA SIMON, MBOE CARINE, MONABANG MINKO FERNANDE, MEDOU Jean Bart and FOTSA OLIVIER Colince were summoned before the court of First Instance, Djoum following two separate investigation reports and were charged as follows: MBOE CARINE, NYAMA SIMON and FOTSA OLIVIER Colince were charged for detention and carrying of war arm and ammunitions without the required legal authorization; and detaining and circulating trophies (ivory) of a totally protected class A animal species. MEDOU Jean Bart was charged for detaining and circulating trophies of a totally protected class A animal species (ivory). FOTSA OLIVIER Colince was charged again for complicity to the crime of hunting without a permit by aiding and abetting the commission of the offence. MONABANG MINKO FERNANDE was charged for complicity to the offense of detention and circulation of trophies (ivory) of a class A fully protected animal species. All the accused persons acknowledged to have taken part in the hunting expedition and pleaded guilty accordingly. All accused persons except FOTSA OLIVIER Colince did not show up during trial. FOTSA OLIVIER Colince who was present in court on the day of hearing testified he received a firearm from MEDOU Bart. He later on gave the firearm to NYAMA Simon who went to the bush to hunt with his concubine MBOE Carine. The hunting expedition was not very fruitful but they were able to come back with trophies which they entrusted to MONABANG MINKO FERNANDE. The later who was to transport the trophies out to the buyer, had difficulties of doing so but solicited the help of a military officer named MEDOU Jean Bart to do so. The trophies and the weapon used in the commission of the act as well as the other hunting accessories were seized in their possession and placed under seal. At the close of interrogations, they were transmitted before the State Attorney for prosecution.

Language of document
French
Reference number
No. 176/COR
Charges
Illegal detention of firearm and ammunitions, hunting without permit or license, detention and circulation of trophies of totally protected class A animal species.
Transnational
No
Decision
All the accused persons NYAMA SIMON, MBOE CARINE, MONABANG MINKO FERNANDE, MEDOU Jean Bart and FOTSA OLIVIER Colince were found guilty as charged.
Appealed
No
Penalty
FOTSA OLIVIER Colince was sentenced to pay 100.000 XAF for fines; MONABANG MINKO FERNANDE and MEDOU Jean Bart were sentenced to pay 150.000 XAF for fines; and NYAMA SIMON and MBOE CARINE were sentenced to pay 200.000 XAF for fines. All accused persons together were sentenced to pay 144.140 XAF for costs and to pay 1.200.000 XAF for damages to the civil party. The court ordered the confiscation of the items under seal no. 008/SC/GTPI/DJ of 30 June 2017 constituting of a firearm of mark RENATO calibre 458, three ammunitions of calibre 458 and a piece of elephant meat.
Legislation cited
Law No. 94/01 of 20 January 1994 to lay down forestry, wildlife and fisheries regulations