The Public Prosecutor's Office and the Sangha Departmental Directorate of Water and Forests vs Ngatse Roland and Balonguitane Eber Patrick

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

In January 2019, Balonguitane purchased to an unknown individual in Pokola nine elephant ivory tusks. On January 12, 2019 Ngatse Roland is commissioned by one named Sango to look for an ivory seller and get in contact with Balonguitane. Both Ngatse and Balonguitane travel to Ouesso to conclude the transaction with Sango. While they are in one hotel room in Ouesso ready to sell the ivory they are caught red handed by the police and arrested. Balonguitane is prosecuted for complicity for the killing of elephants and both Balonguitane and Ngatse are prosecuted for illegal circulation and trade in ivory.

Language of document
French
Reference number
No. 046/2019
Charges
Complicity of illegal killing of elephant; illegal circulation with ivory tusks; illegal trade in ivory tusks.
Transnational
No
Decision
Balonguitane is found guilty of illegal circulation and trade in ivory and not guilty of complicity for the killing of elephants Ngatse is found guilty of complicity for illicit circulation with ivory tusks and not guilty of illegal trade in ivory.
Appealed
No
Penalty
Balonguitane Patrick was sentenced to three years imprisonment, XAF 150,000 as fines, XAF 500,000 as damages Ngatse Roland was sentenced to six months imprisonment, XAF 50,000 as fines and XAF 300,000 as damages However, the execution of imprisonment term were suspended Both accused were condemned to pay court fees. The Imprisonment in default of payment was fixed at its minimum.
Legislation cited
Law No 37-2008 of 28 November 2008 on wildlife and protected areas