http://allafrica.com/stories/201112290492.html


169 Elephant Tusks Land Man in Prison

29 December 2011



A CONGOLESE business executive has been jailed for five years imprisonment with hard labour by a Ndola magistrate's court for illegal possession of 169 elephant tusks.

The same court, however, acquitted another Congolese and a Zambian driver of a similar offence.

The court also ruled that the seized elephant tusks be forfeited to the state.




Magistrate Ben Akende sentenced John Kalume, 44, upon his conviction of the offence of possession of prescribed trophies contrary to section 91 and 133 (1) (a) of the Zambia Wildlife Act number 12 of 1988 of the laws of Zambia.

Kalume on September 2 this year in Ndola, had in his possession 169 elephant tusks without certificate of ownership.

His co-accused, Richard Musongole, 49, a Congolese and Patrick Sinkala, 30 a driver were acquitted of the offence after the court found them without a case to answer.

The court said in Kalume's case that the prosecution proved that the ivory tusks were in his custody and he was the one who was supervising the packing of the items into a Toyota Hiace minibus.




Mr Akende said Kalume was found with the keys of the minibus where the ivory tusks were loaded.

Kalume was arrested in Ndola as he tried to transport the ivory pieces to the Democratic Republic of Congo in a Toyota Hiace Minibus which bore a diplomatic number plate 4 CD 62ZT.

The court regretted the police's failure to establish the owner of the diplomatic vehicle as ownership still remained a mystery.

In mitigation, Kalume pleaded with the court that he had a large family to look after and that his children could become destitutes if he was given a custodial sentence.

However, the court said it would sentence Kalume to the minimum number of five years which was prescribed by law as sentence for the offence.