Sentencing in abalone poaching case lauded
THE Hawks, the National Prosecuting Authority (NPA), and the Department of Agriculture, Forestry and Fisheries have hailed the sentencing of five people involved in a multimillion-rand abalone poaching syndicate.
The Western Cape High Court this week sentenced Steven Muller, 57, Willie van Rensburg, 45, Gavin Wildschutt, 42, Tony Du Toit, 62, and Johannes Liebenberg, 45, to various prison sentences after finding them guilty on a string of charges including contravention of the Marine Living Resources Act, as well as Prevention of Organised Crime Act.
Wildschutt and Du Toit were both sentenced to 15 years. Muller got four years, while Van Rensburg was sentenced to eight years, and Liebenberg, one year. Their case dates back to 2006 when the Hawks exposed export companies dealing in illegal abalone exports.
The Hawks say an intelligence driven investigation exposed export companies which were dealing with illegal abalone exports concealed in containers and shipped to China. Various fish processing plants were raided and abalone worth over R21 million retrieved.
Initially, 18 suspects were arrested, but since then one has died, three have absconded and warrants of arrest were issued for the others.
Six suspects entered into plea agreements and were all given suspended sentences, while three were found not guilty and released.
During sentencing, Judge Patrick Gamble said the court cannot ignore evidence of the negative impact that abalone poaching had on society.
“Clearly, none of the accused before court were directly involved in the removal of abalone from the sea. But each of them, in his own individual way, was a vital link in the chain of production which facilitated the illegal export of hundreds of tons of this prized delicacy to its end users.
“They were driven by greed, and without their participation, the poachers would not have had a market for their bounty. In the circumstances, their moral blameworthiness is not far off that of the mastermind,” the judge said.
NPA spokesperson Eric Ntabazalila said the sentences sends a clear message that the plundering of natural resources will not be tolerated.
“It has been a long 11 years that this case has been going on, but in the end it paid off.
“These accused did not only plunder our natural resources for themselves, but they also started shipping the abalone to the Far East.
“It shows that they were not amateurs, as shipping material abroad, especially in large quantities, requires proper planning,” Ntabazalila said
The Department of Agriculture, Forestry and Fisheries commended the work of the police’s investigating officers and the prosecutors.
“The department understands the enormous complexity of abalone poaching and smuggling. Therefore, heavy jail sentences against poachers and smugglers of abalone are needed...” it said.
The case has been postponed to April 16, when argument will be heard regarding the possible granting of leave to appeal.