WILDLEX

This is an appeal case where the court looked into the procedure taken to try the matter at the lower court. The judges questioned whether the convictions in the trial court were duplicated.

The accused, in this automatic review matter, was tried in the Grootfontein Magistrate’s Court, on one count of hunting specially protected game, (namely: a giraffe, valued at N$9000-00) in contravention of section 26(1) of Ordinance 40 of 1975. He was convicted as charged and sentenced to five years direct imprisonment.

The plaintiff who was arrested for theft of 2 zebra skins, spent 32 days in custody awaiting trial. His case was later withdrawn. He then claimed N$277 200.00 from the defendant for wrongfully and maliciously setting the law in motion by laying a false charge against him.

The accussed was fined a sum of K5000 or 9 months’ simple imprisonment in default of the fine. To review this matter, the court referred to ss 337 and 338 of the Criminal Procedure Code. This court reasoned that there were two kinds of trophies involved that had been placed under one charge sheet.

The court held that the onus is always on the prosecution to prove the guilt of an accused beyond reasonable doubt. The court held that it is the duty of the trial judicial officer to warn himself of the danger of convicting on the evidence of accomplice witnesses. The court held that the magistrate had failed to make a record of such warning.

The appellant was convicted by the magistrate court with four men of illegal hunting and killing of a conserved animal, giraffe (without a license or permit) contrary to the Fauna Conservation Proclamation. The appellant himself did not kill the animal but instructed the other four men to kill the animal.

The accused were charged with hunting in a game reserve, in contravention of the Fauna Conservation Proclamation, 1961; alternatively, that they were hunting without a licence or permit. In their defence, the accused argued that they did not know they were hunting in a game reserve, and that they had the licences necessary to hunt the zebra.