In February 2017, Bilambo Papy went again to the forest alone for big hunting after having done hunting with a policeman. While there, he killed three elephants and extracted ivory tusks before finding refuge in the village Ntoukou where Mobonda Rodolphe is a farmer. Bilambo asked Mobonda to help him sell the ivory and borrow him XAF 700,000 (seven hundred thousand). In the meantime, Ndongue Alex and Kinzonzi Jean Marvin were informed by Bilambo and were waiting for the products at the Ouesso seaport to keep in a safe place. The day Bilambo took appointment with a potential buyer while the others were waiting for the own share, they were arrested by forces of law and order who brought them before the state prosecutor. The three other accused declared that they only objective was to ensure that the transaction to be concluded by Bilambo succeeds.
The Public Prosecutor's Office and the Sangha Departmental Directorate of Water and Forests vs Bilambo Papy, Ndoungue Alex, Kinzonzi Jean Marvin and Mobonda Rodolphe
Country
Territorial subdivision
Court
Type of court
Seat of court
Ouesso
Court jurisdiction
Date of opinion
2017
Abstract
Language of document
French
Reference number
No. 140/2017
Charges
Killing of totally protected species (elephants), illegal possession of a war weapon and ammunition, illicit circulation with ivory tusks and complicity of illicit circulation with ivory tusks.
Species
Transnational
No
Decision
Bilambo Papy was found guilty of killing of totally protected species (elephants), illegal possession of a war weapon and ammunition, illicit circulation with ivory tusks; Mobonda Rodolphe, Ndoungue Alex and Kinzonzi Jean Marvin were found guilty of complicity of illicit circulation with ivory tusks.
Appealed
No
Penalty
Bilambo Papy was sentenced to five years fixed imprisonment and XAF 1,000,000 (one million) as fines; Ndoungue Alex, Mobonda Rodolphe and Kinzonzi Jean Marvin were sentenced to twenty-four months imprisonment and XAF 300,000 (three hundred thousand) as fines each; The imprisonment term of Mobonda Rodolphe and Kinzonzi Jean Marvin was suspended; The four accused were sentenced to jointly pay XAF 3,000,000 (three million) as damages shared as follows: Bilambo Papy: XAF 2,000,000 (two million); Ndoungue Alex: XAF 500,000 (five hundred thousand); Mobonda Rodolphe and Kinzonzi Jean Marvin: XAF 250,000 (two hundred and fifty thousand) each. And to pay court fees. The Imprisonment in default of payment was fixed at its maximum.
Legislation cited
Law No. 37-2008 of 28 November 2008 on wildlife and protected areas, sec. 112, 113