In January 2013, at Etakanyabe by Makokou in the Ogooué Ivindo Province in the judicial area of Franceville, the Toyota Hilux 4x4 vehicle, driven by Messimo Rodrigue with Mbombi, Lindo and Egales on board were arrested with park agents at a check point after breaking through the barrier that was erected there. During the interrogation, Mbombi admitted to have killed two elephants together with Lindo and Egales taken as carriers at the request of Messimo who provided with his 458’s rifle and bullets. At the first instance, the court declared Mbombi, Messimo, Lindo and Egales not guilty of hunting of fully protected species, and complicity of hunting of fully protected species. The court declared Mbombi guilty of illegal possession of a fire arm, Lindo and Egales guilty of trespassing in a national park and Messimo guilty of deliberate obstruction of the duties of park agents. Mbombi, Messimo, Lindo and Egales were sentenced to 03 months imprisonment including 02 months suspended and to jointly pay 1,000,000 as civil damages to ANPN.
Country
Territorial subdivision
Type of court
Seat of court
Franceville
Court jurisdiction
Date of opinion
2014
Abstract
Language of document
French
Reference number
Decision No 004/2013-2014
Charges
Hunting of a fully protected species, trespassing with a gun in a National Park, complicity of hunting of a fully protected species.
Species
Transnational
No
Decision
Messimo was declared guilty of illegal possession of a fire arm; The seized vehicle was confiscated in favour of the State of Gabon; - Concerning the hunting of fully protected species and complicity: the appreciatiom made at the first instance was maintained because the exhibits were not found during the search or produced during the hearing, only elephants footages were produced lately and denied by the suspects; no new element was produced at the level of the appeal court; - Concerning the illegal possession of a fire arm: Messimo was not prosecuted for that offence at the first instance and no reason was given by the first judge although he admitted the facts; the court of appeal retained his liability; Mbombi was declared guilty for that offence and this was confirmed by the court; - Concerning the trespassing with a fire arm in a national park: Mbombi, Lindo and Egales were declared guilty by the first judge and this was confirmed by the appeal court; - Concerning the deliberate obstruction: Mbombi was declared guilty by the first judge and this was confirmed by the appeal court; - On the civil action: the ANPN lawyer requested that the civil damages be increased to XAF 6,000,000 but did not justify this amount; the amount given by the first judge was confirmed; - On the confiscation of the vehicle: the court of first instance ordered the vehicle to be given back to his owner with no motivation although it participated in the commission of the offence; the decision was overturned by the court for no legal basis.
Appealed
No
Penalty
None.