The Mangochi Senior Resident Magistrate’s Court on May 2, 2024 convicted and ordered Patrick Bauleni, 59, to pay a fine of K1,000,000 and 10 others each to pay K820,000 in default one year imprisonment with hard labour for contravening sections 32, 71(1), 46(a), 64, 64(d) and 68(b) of Forestry Act.
The court heard through prosecutor lnspector Shadreck Wisiki that on November 2, 2023 a team from Mangochi Forest Department led by Peter Mng’omba, Forest Guard while patrolling around Namizimu Forest Reserve at Katuli area found Bauleni and 10 others encroached into the protected area, cut down trees worth K104,480,000 while established maize fields.
Prosecutor Wisiki added that the matter was reported at Mangochi Police Station who rushed to the scene along with officers from Malamia Mobile Camp and arrested them.
Appearing before court, all convicts(three were represented by Counsel Smart Khalifa) pleaded not guilty to the charges prompting the state to parade eight witnesses who proved the case beyond reasonable doubt and were convicted accordingly.
In mitigation, they all asked for court’s leniency, saying they have family obligations.
In his submission, prosecutor Wisiki reminded the court that the convicts’ wanton behaviour are some of the contributing factors to the nation’s climate change hence prayed for custodial penalties.
Passing sentence Senior Resident Magistrate Muhammad Chande concurred with the state.
He therefore sentenced each of them to pay a fine of K100,000 for entering into protected area without permit, K180,000 for conveying weapons into a Forest Reserve, K180,000 for cutting down trees from the Forest, K180,000 for erecting a hut into a protected area without permit and another K180,000 in default one year imprisonment with hard for cultivating into a protected area.
Chande further imposed another K180,000 fine to the first convict for possessing timber without permit and also forfeited all weapons to Malawi Government.
Meanwhile all the convicts have been sent to prison after they failed to pay the fines.
All convicts come from Traditional Authority Katuli in Mangochi.
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