WILDLEX

The applicant sought bail pleading exceptional circumstances: his severe medical condition; he was elderly (51 years) and that he was a first-time offender.

This was an appeal on the decision of the Chief Magistrate that found the appellant guilty of possession of four pieces of raw ivory and two hippo teeth without a permit or licence.

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.

The accused was arraigned before the Principal Magistrate of Gaborone on a summons charging him with being found in possession of ivories without certificate of ownership.

The 6 appellants were convicted, in a magistate court, of unlawful possession of and dealing in elephant ivory and skin and leopard skin in contravention of the Wildlife and National Parks 28 of 1992.

The accused was convicted of hunting protected game without a licence contrary to section 14 of the Fauna Conservation Act (Cap. 38:01) (1973 Rev.). The prosecution case was that a police constable told the accused that he suspected him of unlawful hunting.

The appellant in this matter was found in possession of raw Ivory and sentenced. Which it seems, he claimed he was not involved with. He was charged with contravening section 2(1)(a), read with s. 1 of Proclamation AG 42 of 1980 (as amended). And found guilty.

In June 2011, the accused Salla Ntyam sent 5 people namely Oyane Yannick, Ekomane Ongueng, Samson, Nnanga Justin, Ekomane Ntolo YUlrich and Obiang Madochet to poach in a Gabonese forest. He gave them 02 arms, 43 ammunitions, and other provisions.

On the 1st August 2011, the Chief of the Border Post of the National Security of Djoum received reliable information that a Mercedes truck matriculated CE 027-CL contains wildlife products specifically elephant ivories. A control team was set up and the said truck was seized and taken to the unit for a detailed search.