The acccused persons BELINGA Parfait Periche and NYATTE MINLO Serges Constant were prosecuted before the Court of First Instance, Sangmelima for illegal of killing of 12 elephants, totally protected animal species and complicity. On September 11, 2012 judgement was passed. They were found guilty as charged and sentenced as follows: Sentenced the accused BELINGA Parfait Periche to pay 2,900,000 XAF for fines and NYATTE MINLO Serges Constant to two (02) months imprisonment and to pay 1,100,000 XAF for fines. Both accused persons to pay 48,700 XAF for costs and 13,855,000 XAF CFA as civil damages to Ministry of Forestry and Wildlife. Given the weak sentence passed on the accused regarding the severity of the offence committed, the both the Ministry of Forestry and Wildlife and the State Attorney filed an appeal which was counteracted by the accused persons,through their lawyer. The civil party based its arguments on the fact that the lower court did not fully apply the dispositions of the 1994 wildlife law regarding killing of totally protected animal species and the presiding judge did not take into consideration the serious risk of disturbing public order as per section 93 of the penal code. That with regard to the CITES, sections 93 of the penal code and 158 (8) of the wildlife law, and above all that the defendants intentionally committed the acts charged against them (the illegal killing of twelve elephants), it is advisable to set aside the judgment undertaken, and to rule again by applying in a more severe way the provisions of the law. That the penalty of two months’ imprisonment is disproportionate to the offence committed and can be likened to incitement to wildlife crime. More so, the fight against those who attack the patrimony, public property or public funds does not fit well with such borderline complacent decisions. The appeal court admitted both appeals and the matter was sent before the court for hearing.
Country
Territorial subdivision
Court
Type of court
Seat of court
Ebolowa
Court jurisdiction
Date of opinion
2014
Abstract
Language of document
French
Reference number
No. 18/COR of 03 March 2014
Charges
Illegal killing of totally protected animal species and complicity.
Species
Transnational
No
Decision
The appeal court maintained the judgement of the lower court on the penitentiary (imprisonment term) and reviewed only the civil action (civil damages).
Appealed
No
Penalty
The accused persons were sentenced to pay 52,350 XAF for costs and 1,559,444 XAF as civil damages to the State of Cameroon through the Ministry of Forestry and Wildlife.
Legislation cited
Law No. 94/01 of 20 January 1994 to lay down forestry, wildlife and fisheries regulations