The Public Prosecutor's Office and the Sangha Departmental Directorate of Water and Forests vs Mouzembi Moïse, Ngouemele Bernard, Mobonda Léonard

Country
Territorial subdivision
Seat of court
Ouesso
Court jurisdiction
Date of opinion
2011
Abstract

Mouzembi Moïse went to Ouesso for a long stay and found himself with no money to go back to Brazzaville. Ngouemele organized a fishing expedition that was not productive. On November 28, 2010, Mouzembi Moïse, Ngouemele Bernard, Mobonda Léonard organized a big hunting expedition with a 458 rifle at Bomassa with the objective to kill an elephant, a fully protected species in a area and during a period not opened to hunting. They were arrested by eco-guards before killing an elephant.

Language of document
French
Reference number
No. 014/2011
Charges
Hunting during a prohibited period and in an area not open to hunting, attempted to kill an elephant.
Transnational
Yes
Decision
Mouzembi Moïse, Ngouemele Bernard and Mobonda Léonard were found guilty of attempt of hunting and of killing a fully protected species (requalified).
Appealed
No
Penalty
The accused were sentenced to 12 months firm imprisonment and a fine of XAF 1,200,000 ( one million two hundred thousand) each; The accused were sentenced to pay the sum of XAF 1,000,000 (one million) as civil damages and to pay the costs up to XAF 300,000 (three hundred thousand) i.e. XAF 100000 (one hundred thousand) each; The duration of the imprisonment in default of payment was set to 15 days for the recovery of court fees, three months for the recovery of damages and to 1 month for the recovery of the fines.
Legislation cited
Law No. 37-2008 of 28 November 2008 on wildlife and protected areas