The State Attorney and the Ministry of Forestry and Wildlife vs OUM Paul Guy Merlin and OWONA Max Richelieu

Country
Territorial subdivision
Seat of court
Bertoua
Court jurisdiction
Date of opinion
2015
Abstract

In December 2013, the chief of Forestry and Wildlife control post of Lomié with one of his agents, proceeded to arrest OUM Paul Guy Merlin and OWONA Max Richelieu in a vehicle belonging to the Ngoyla municipality. After searching the vehicle, 02 ivory tusks were seized. After their interrogation, they were transmitted to the State Attorney as well as the ivories seized. Following the hearing, the judge of the Court of First Instance of Abong-Mbang rendered the offence report established by the Lomié chief of control post null and void and subsequently declared the accused not guilty. Unsatisfied by the Judgement, the State Attorney filed an appeal. The Ministry of Forestry and Wildlife also filed an appeal as well but failed to submit its memorandum of appeal on time thus it was rejected by the East Court of Appeal.

Language of document
French
Reference number
No. 05/COR
Charges
Illegal killing of totally protected animal species and illegal detention and circulation of trophies of totally protected animal species within the national territory.
Transnational
No
Decision
The Court of Appeal admitted the appeal of the State Attorney. It re statued on the penitentiary sentence of the lower court and increased the imprisonment term.
Appealed
No
Legislation cited
Law No. 94-01 of 20th January 1994 to lay down forestry, fisheries and wildlife regulations, secs. 78, 98, 101, 155, 158
Penal Code, sec. 74