The Public Prosecutor's Office and the Sangha Departmental Directorate of Water and Forests vs Mebith Cyrille, Baba Jean, Mekozi Florent and Simbo Thomas

Country
Territorial subdivision
Seat of court
Ouesso
Court jurisdiction
Date of opinion
2017
Abstract

In December 2016, Mekozi Florent, Congolese, resident in Sembe planned to organize a big hunting expedition. He contacted Baba Jean a local hunter and gave him a war weapon (type PMAK), two loaders to kill elephants. Baba accepted and associated himself with his son Simbo Thomas as the carrier. Baba killed one elephant and removed the tusks with the help of his son. On their return to the village they gave back ivory, weapon and rest of ammunition to Mekozi who was to sell the products and give them part of the money. While he was looking for a buyer Mekozi asked his brother-in-law Mebith Cyril to keep the ivory and weapon. Following investigations by rangers and the police, Baba and Simbo were arrested. Under detention, they denunced Mekozi who on his turn brought the police to Mebith Cyril house where the ivory, war weapon and ammunition were found.

Language of document
French
Reference number
No. 251/2017
Charges
Killing of a totally protected specie (elephant), complicity of killing of a totally protected specie (elephant), illegal possession of a war weapon and ammunition
Transnational
No
Decision
Baba Jean was found guilty of killing of an elephant; Simbo Thomas and Mekozi Florent were found guilty of complicity of killing of an elephant; Mebith Cyrille was found guilty of illegal possession of war weapon and ammunition .
Appealed
No
Penalty
Mebith Cyrille, Baba Jean, Mekozi Florent and Simbo Thomas were sentenced to thirty-six months imprisonment each and XAF 200,000 (two hundred thousand) as fines each and to pay XAF 1,000,000 (one million) as damages and court fees jointly; The execution of the imprisonment term was suspended; The Imprisonment in default of payment was fixed to its maximum.
Legislation cited
Law No 37-2008 of 28 November 2008 on wildlife and protected areas