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 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 His case was later withdrawn.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 accused were charged with contravening Regulation 5 (1) of the Fauna Conservation (Batawana Tribal Territory) (Hunting) Regulations, 1967, contained in Statutory Instrument No. 65 of 1967. They killed two buffalo without being in possession of a permit allowing them to do so.

This was an appeal against the decision of the Chief Magistrate that convicted and sentenced the appellants of a series of offences arising out of killing wild animals. The appellants also sought to vary the forfeiture order against the rifles and vehicle that were found to have been used in the commission of the offences.

Accused was convicted of unlawfully hunting without a licence contrary to section 15 (1) of Cap. 38:01 Fauna Conservation. His defence was that he was under the impression that he was entitled to hunt and kill on the licences of other members of the party.

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.

On the 1st October 2014, elements of the conservation service of the divisional delegation of Ntem, South Region received reliable information about the illicit trafficking of wildlife products in the town. Following this information and together with the gendarmerie, they proceeded to arrest the accused ELLA Minko Pierre at Hotel Sispens.

The Accused was arrested at Kijanji, Bulisa District and was later transferred to Kampala CPS. The Accused was found to be in possession of specimen (58 pieces of Buffalo horns) belonging to animals categorized as protected species contrary to the laws of the country.