Maravi

Man gets 5-year sentence for possessing elephant tusks

Man gets 5-year sentence for possessing elephant tusks
By Nyambe Muyumbana in Mongu
Friday September 26, 2008 [04:00]

MONGU principal magistrate Bernard Mwanandiwa has sentenced Ndala Chishanja of Matebele area in Shang’ombo district to five years imprisonment with hard labour for being in possession of two elephant tusks.

This was a case in which Chishanja was jointly charged with Charity Sibamba 24, of Senanga and Peter Wamunyima 30, of Mongu with one count of unlawful possession of prescribed trophy contrary to Section 91 and 133 (1) (a) of the wildlife Act.

Facts before the court were that following a tip from the public that someone in Senanga was in possession of the elephant tusks, Zambia Wildlife Authority (ZAWA) officers in the area conducted a search of the alleged tusks.

The facts further revealed that on September 17, 2008 in Senanga, ZAWA officers found the tusks hidden in the boot of an unregistered green car in which the three suspects were.

Upon being interviewed on whether the owner had documents allowing them to be in possession of the tusks, the three confessed that they did not have a licence, prompting the officers to seize the car and the ivories.

After a warn and caution statement, Chishanja gave a free and voluntary reply admitting the charge but Sibamba and Wamunyima denied the charge saying they were just passengers who knew Chishanja as a taxi driver.

The trio was however arrested and remanded in custody. In mitigation, Chishanja asked the court to exercise lenience on him since he wanted to go back to school to rewrite the Grade 12 examinations and that he was looking after his sick grandmother.

He also told the court that the two people he was arrested with knew nothing about the tusks and asked for forgiveness from the Lord for implicating them in an issue they were not part and parcel of.

In passing judgment, Mwanandiwa noted that the law for such an offence provided for the minimum of five years imprisonment for the offenders and said since he considered his mitigation, he would sentence him to five years imprisonment with hard labour.

He also declined to forfeit the two tusks and a car to the state saying that was not appropriate for now since the two other suspects were still being tried.

The two were granted bail but they could not have it since they did not have K1million each to pay as surety.
Trial for the two continues.

Labels: COURTS

posted by MrK @ 2:02 AM