In December 2017, Loukahou Tsimba Josué owner of one war weapon (type PMK) contacted Elenga Asko for elephant hunting expedition. Elenga Asko then contacted Biamba Fils and both went to a village called Omadzala (situated 10km from Liouesso) with two other individuals known as Anzala and Beman for the hunting expedition. They first killed one elephant and Loukahou Tsimba sold the ivory at XAF 300,000 (three hundred thousand). They then killed eight elephants during and Bambi asked Loukahou to come and pick them with the ivory at Omadzala; Loukahou then contacted Mbouombouo to accompany him to Liouesso to carry some goods. Mbouombouo accepted to carry the ivory to Makaya Murielle in Ouesso asking 50,000 for transport. Loukahou then convinced Makaya to deliver the ivory at a hotel called ”Wilcia” where he was waiting with a buyer. While Loukahou was displaying the ivory at the hotel Gendarmerie came and arrested them.
The Public Prosecutor's Office and the Sangha Departmental Directorate of Water and Forests vs Makaya Murielle, Elenga Asko, Loukahou Tsimba Josué, Biambi Fils and Mbouombouo Mohamed
Country
Territorial subdivision
Court
Type of court
Seat of court
Ouesso
Court jurisdiction
Date of opinion
2018
Abstract
Language of document
French
Reference number
No. 064/2018
Charges
Complicity of illegal trade in ivory tusks, killing of elephants, hunting with war weapon and ammunitions.
Species
Transnational
No
Decision
Loukahou Josué was found guilty of complicity of hunting with a war weapon, killing of elephants and complicity of illicit circulation with ivory tusks; Biambi Fils was found guilty of hunting with a war weapon, killing of elephant and complicity of illicit circulation with ivory tusks (requalified); Elenga Asko was found guilty of complicity of hunting with a war weapon and killing of elephant; Mbouombouo Mohamed and Makaya Murielle were found guilty of illicit circulation with ivory tusks (requalified); Biambi Fils, Loukahou Josué, Mbouombouo Mohamed and Makaya Murielle were found not guilty of illicit trade in ivory tusks Elenga Asko was found not guilty of complicity of illicit circulation with ivory tusks.
Appealed
No
Penalty
Loukahou Josué, Biambi Fils and Elenga Asko were sentenced to three years imprisonment, XAF 300,000 (three hundred thousand) as fines each and XAF 1,000,000 (one million) as damages jointly; Mbouombouo Mohamed and Makaya Murielle were sentenced to 18 (eighteen) months imprisonment, XAF 500,000 (five hundred thousand) each as fines and XAF 500,000 (five hundred thousand) as damages jointly; The execution of the imprisonment term was suspended; All accused were condemned to pay court fees. The Imprisonment in default of payment was fixed at its maximum.
Legislation cited
Law No 37-2008 of 28 November 2008 on wildlife and protected areas