Chief Resident Magistrate, Agness Patemba on 24 June, 2016 sentenced James Mwara, 38 years to 7 years Imprisonment with hard labour for the following offences (1) Entering into a protected area (2) Entering into protected area with a weapon (3) Killing protected animals. (4) Found in possession of ivory (5) Selling of ivory without a licence.
When presenting facts in court, Senior Supritendent Dickens Mwambazi, Region Prosecution Officer based at Eastern Region Police Headquaters (Zomba) told the court that police were tipped that the accused was keeping the ivory and he was selling them. Following the information, police officers and game officers went to the suspect and pretended as buyers where they managed to arrest the Mwara and seized 6 pieces of ivory weighing 42 kilograms.
According to Mr Mailosi Zidana, an expert in identifying the ivory, valued the ivory recovered at 58 million kwacha and value of 3 elephants which were killed being 105 million kwacha according to Convension on International Trade for Endengers Species.
The accused admitted to all five counts. Prosecutor Mwambazi requested the court for stiffer punishment on the accused as these cases are becoming rampant in Machinga especially in areas along Liwonde National Park and that giving Mwara a stiff sentence would help deter other would be offenders. The state also added that, government is busy protecting wild animals for they are source of tourism and that killing such animals is a serious offence.
In mitigation, the convict pleaded with the court to pay a fine or serve community service punishment for he is a bread winner looking after 4 orphans.
When passing Judgement, Patemba told the court that cases of people breing found in possession of ivory in areas which are near Liwonde National Park are rampant and that giving Mwara a stiff sentence will send a message to other offenders out there. She then sentenced him to (1) 2 years imprisonment for entering into a protected area, (2) 2 years imprisonment for entering into protected area with a weapon (3) 7 years imprisonment for killing protected animals (4) 6 years for possessing ivory (5) 6yrs for selling ivory. The sentences to run concurrently.
James Mwara hails from Amidu village, Traditional Authority Liwonde in Machinga District.
