The Public Prosecutor's Office and the Sangha Departmental Directorate of Water and Forests vs Mandilo Juverson, Metsio Bhyo Cacharel

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

Mandilo Juverson left Brazzaville to Ouesso in possession of one war weapon (type PMAK) and ammunition that were given to him by one uniform officer in Brazzaville. Once in Ouesso, his brother Metsio Bhyo Cacharel decided to sell the weapon and ammunition at Souanke. Metsio gave the information to his brother-in-law who sent him XAF 10,000 to travel to Souanke. During the trip, the weapon and ammunition hidden inside a suitcase were seized by the anti-poaching services of Kokoua and Metsio Bhyo Cacharel was arrested brought to the gendarmerie and then to the state prosecutor. During the interrogation in court Mandilo Juverson denied been linked to the sale of the PMAK and ammunition while Metsio Bhyo Cacharel admitted the facts.

Language of document
French
Reference number
Decision No. 042 of 2019/02/14
Charges
Illegal possession of one war weapon and ammunition.
Transnational
No
Decision
Mandilo Juverson was found not guilty of illegal possession of one war weapon and ammunition; Metsio Bhyo Cacharel was found guilty of illegal possession of one war weapon and ammunition.
Appealed
No
Penalty
Metsio Bhyo Cacharel was sentenced to three years imprisonment and to pay fines of XAF 100,000 (one hundred thousand) and to pay court fees. The execution of the imprisonment term was suspended. Imprisonment in default of payment was fixed to four months for the recovery of fines and one month for court fees. No damage because the State of Congo did not file a civil claim.
Legislation cited
Ordinance No. 62-24 of 16 October 1962 to lay down regulations on war weapons, ammunitions and materials