High Court Corruption and Economic Crimes Division - 2019 December

2 judgments
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2 judgments
Citation
Judgment date
December 2019
Prosecution failed to prove possession where seizure documentation and witness accounts were inconsistent, leading to acquittal.
Wildlife offences – unlawful possession of government trophy – proof of possession and seizure – certificate of seizure authenticity – chain of custody – witness credibility – burden of proof and shifting onus under s.100(3)(a) WCA.
13 December 2019
Prosecution proved unlawful possession of elephant tusks; accused failed to prove lawful possession or valid alibi.
Wildlife offences — unlawful possession of government trophy — identification and valuation of elephant tusks — burden under s.100 WCA to prove lawful possession — chain of custody and validity of seizure/handing-over certificates — alibi under s.42 EOCCA.
13 December 2019