In October 2011, the accused Mengue Joel decided to carry out poaching in a Gabones forest. To succeed, he requested help from Ekomane Solomon, Atona Ferdinand, Kpwombo Marcel, to serve as carriers and a certain Masseba and Makelo Abel infamous Baka hunters. They gathered necessary provisions and embarked on the journey. In the forest, they found the co-offender Zoula Jean Marc, Pola Makaba, Bidja Ferdinand and Mbouti Armand camping in the forest. Tired from their journey they decided to pass the night in the camp in order to continue the following day. That same night while others were sleeping, Makel, Pola, and Messaba went out to poach. Makelo saw an elephant and shot the elephant. The bullet got the elephant but did not kill it. The elephant charged towards him, hit and threw him some meters away. He was badly wounded and died from the wounds. He was buried by his team members. During interrogations, Mengue Joel and Zoula pleaded not guilty. At the close of interrogations, they were transmitted before the State Attorney for prosecution.
Country
Territorial subdivision
Court
Type of court
Seat of court
Djoum
Court jurisdiction
Date of opinion
2013
Abstract
Language of document
French
Reference number
No. 123/COR
Charges
Complicity in the illegal killing of totally protected animal species, hunting without permit, and coaction for illegal burial.
Species
Transnational
Yes
Decision
They were declared not guilty for illegal detention of hunting guns, complicity in illegal killing of protected animal species and hunting without permit. They were all found guilty for illegal burial. They were sentenced for illegal burial. Zoula Jean was sentenced to two months fixed imprisonment term and 10.000 XAF for fines. Mengue, Pola, Ekomane, Atona, Gueng Salomon and Kpwombo Marcel were sentenced to three months fixed imprisonment term and 15.000 XAF for fines. They were all to pay 397.050XAF for costs.
Appealed
No
Penalty
On counts of illegal detention of hunting guns, complicity in illegal killing of protected animal species and hunting without permit. They were discharged and acquitted. They were sentenced for illegal burial. Zoula Jean was sentenced to two months fixed imprisonment term and 10.000 XAF for fines. Mengue, Pola, Ekomane, Atona, Gueng Salomon and Kpwombo Marcel were sentenced to three months fixed imprisonment term and 15.000 XAF for fines. They were all to pay 397.050XAF for costs.
Legislation cited
Law No. 94-01 of 20th January 1994 to lay down forestry, fisheries and wildlife regulations, secs. 81(1), 101, 155(9), 158(8)
Penal Code, ssecs. sections 74, 96, 97, 200, 237