The State Attorney and the Ministry of Forestry and Wildlife vs. MBO'O Ghislaine

Country
Territorial subdivision
Type of court
Seat of court
Bengbis
Court jurisdiction
Date of opinion
2018
Abstract

The accused MBO'O Ghislaine was caught by eco-guards of the South Antenna of the Dja Biosphere Reserve in possession of twelve (12) legs of bay duiker, a class B protected species, four (4) smoked monkeys whose appearance no longer allowed to determine the class, 05 'atherudes' including four (4)smoked, all class c protected, four (4) water chevrotain a totally protected class A specie. Among the eco-guards was her brother-in-law MADAH Jean Claude who beat her copiously on the pretext that she alerted the hunters who accompanied her to flee. And so they forced her to be photographed by them wearing a hunting rifle; Exhausted by their violence, she never knew that they were photographing her or that the bag they forced her to carry contained carcasses of protected animals. The accused represented by her Counsel ESSOMBA Gasmil submitted a medical certificate No. 44 0019 of 23 December 2016 which was admitted into evidence. The counsel for the accused argued for acquittal on the grounds that the procedure is flawed and that there is doubt that the presumption of guilt based on the possession of protected animal carcasses should not be applied lightly and that the facts are not legally established. However, the court considered the testimony of the accused and reading through the 1994 wildlife law especially within the meaning of section 101, the accused was found in possession of carcasses of protected class A, B and C animal species which offers sufficient evidence against her. The accused in defending herself alleged that she went to that area not to hunt but to fish in the company of a woman whose name she does not know. But she could not offer any proof she was holding fish instead of the carcasses of protected class A, B and C animal species at the time of her arrest. The offence report portrayed her in possession of these items though she alleged to have been transporting them on behalf of a third party. The accused also contended the confession contained in the offence report cannot be relied on as it was obtained through violence and she offered the medical report as proof of violence. After hearing arguments from both parties, the court resort to deliver its judgement.

Language of document
French
Reference number
No. 029/COR of 04 July 2018
Charges
Illegal killing of protected animal species.
Species
Transnational
No
Decision
The accused MBO'O Ghislaine was found guilty as charged.
Appealed
No
Penalty
She was sentenced to pay 100.000 XAF for fines and to pay 182.500 XAF for costs.
Legislation cited
Law No. 94/01 of 20 January 1994 to lay down forestry, wildlife and fisheries regulations