The State Attorney and the Ministry of Forestry and Wildlife vs. NYOUGA Marlyse, MOUNDOUM MBE Pierre, ANYOUZO'O MENDOMO James and EKOUMOU Yves

Country
Territorial subdivision
Type of court
Seat of court
Djoum
Court jurisdiction
Date of opinion
2020
Abstract

Following a flagrante delito proceedings by the State Attorney, the accused persons YOUGA Marlyse, MOUNDOUM MBE Pierre, ANYOUZO'O MENDOMO James and EKOUMOU Yves were summoned before the court to respond to charges of hunting without permit, illegal detention and carrying of firearm, involuntary homicide, and complicity to hunting without permit. The accused persons are individually charged as follows: EKOUMOU Yves, arrested in Djoum, to have in Gabon, either by clumsiness, negligence, imprudence or failure to observe the regulations caused the death of the name ATSA'A Olivier; held a firearm without the required legal authorisation; carried out hunting activity without a permit or licence. ANYOUGA Marlyse and MOUNDOUM MBE Pierre were charged for complicity to hunting without a permit or license. ANYOUZO'O MENDOMO James charged for carrying a firearm. At the opening of the session, NYOUGA Marlyse, MOUNDOUM MBE Pierre and ANYOUZO'O MENDOMO James pleaded not guilty while EKOUMOU Yves pleaded guilty to hunting without a permit or license, illegal carrying of firearm and not guilty to the involuntary homicide charge. In the absence of the accused persons during the court session, it was revealed from the investigation report that in February 2018, the accused NYOUGA Marlyse organized a hunting trip in the Gabonese forest which was led by EKOUMOU Yves who possesed a firearm provided by ANYOUZO'O MENDOMO James. While in the forest they were joined by MONDOUM MBE Pierre. In search for a catch for the day, EKOUMOU inadvertently shot ATSA'A Olivier who was part of the group. The latter immediately died, and this incident put an early end to the hunting trip. The accused persons returned home to alert the deceased’s family and hand over the firearm to its owner. The firearm was seized and placed under seal no. 04/SC/G/TPI/DJ of 14 March 2018. At the close of interrogations, the accused persons were transmitted before the State Attorney for prosecution.

Language of document
French
Reference number
No. 021/COR
Charges
Hunting without permit, illegal detention and carrying of firearm, involuntary homicide, and complicity to hunting without permit.
Transnational
Yes
Decision
The accused EKOUMOU Yves was found guilty of hunting without permit, involuntary homicide, and illegal detention of firearm. The accused persons YOUGA Marlyse, MOUNDOUM MBE Pierre and ANYOUZO'O MENDOMO James were found not guilty of complicity and illegal detention of firearm.
Appealed
No
Penalty
The accused EKOUMOU Yves was sentenced to three (3) months’ suspended imprisonment term within three years, to pay 50,000 XAF for fines, 101,940 XAF for costs and 1,260,00 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