WILDLEX

On 17 October 2014, elements of the Ministry of Forestry and Wildlife organized a sweep operation. Following this operation, the accused, Domwa Barthelemy was arrested flagrante delicto with four (4) elephant ivories. His co-offender IBRAHIM successfully escaped with these ivories as well as the firearms they used in killing the elephants.

On the 8 April 2015, the Chief of the Forestry and Wildlife control post of Djoum received a reliable phone call that a certain man in possession of 20 elephant ivories is destined to traffic these ivories at a hotel Inn called “Auberge Jeannette”, room 104 in Djoum.

On the 26 October 2009, during a control & exploitation monitoring mission, the agents of South Antenna of the Dja conservation service caught MBIA David red-handed in the Dja Biosphere Reserve for illegal detention of two (2) elephant tusks (weighing 13 kg) and an arm.

A licensed hunter instructed his servant to kill an elephant, and left the servant in charge of the trophy. The Court held that this did not make the servant guilty of being in the possession of a trophy without a licence.

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 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.