Talk of the Town

Poachers guilty in landmark case

- SUE MACLENNAN

Cellphone records show that poachers who were last week found guilty of conspiracy to steal rhino horn were in Makhanda on the night of June 24 2018, just before they went to Gqeberha to kill Kragga Kamma rhino Bella for her horn.

This was just one example of the meticulous evidence characteri­sing the Eastern Cape High Court’s first trial and conviction for conspiracy to steal rhino horn.

In an intelligen­ce-driven operation, Francis Chitiyo, Trymore Chauke, Misheck Chauke, Simba Misinge, Nhamo Muyambo and Abraham Moyane were stopped and searched by the police on the N2 near Makhanda on July 31 2018.

Items found in their possession included a dismantled, unlicenced .375 calibre hunting rifle stashed in the tailgate; a silencer; ammunition; backpacks containing old clothes and spare shoes, rolls of black plastic refuse bags, two new axes, knives, overalls and 10 cellphones.

Subsequent searches of the suspects’ East London homes turned up sidecutter­s, hacksaws, more axes, more black plastic bags and sticky tape, more phones and more SIM cards.

On Friday September 30, the Makhanda high court found the men guilty on three of four counts at the conclusion of a trial that has dragged on since their arrest in July 2018 on the N2 near Makhanda. They have been in custody since then.

The 46-page judgment took judge Gerald Bloem four hours to read, partly because of translatio­n. But it also set out the extraordin­ary detail in what had emerged as a watertight case, and the formidable skill and experience of the team investigat­ing and prosecutin­g rhino poaching in the Eastern Cape.

Bloem set out the details of cellphone records, ballistic tests and the poachers’ modus operandi.

Ballistics tests linked the men to 2018 poaching incidents at Kragga Kama Game Reserve in Gqeberha and Shamwari Game Reserve. A combinatio­n of detailed cellphone records analysis and further ballistic evidence linked the men to several other poaching incidents in the Eastern Cape. These included the Great Fish Reserve (two rhinos, March 2016, three rhinos, April 2016) and Kleindorin­gberg Game Farm (one rhino, July 2017).

Senior counsel Buks Coetzee led similar factual evidence to show the 2017 arrest of four of the six under similar circumstan­ces at Tarkastad indicated a pattern and an intention to poach rhinos.

Rhino poaching cases have previously relied on evidence of a poaching to achieve conviction­s. This judgment was groundbrea­king for law enforcemen­t and the justice system as it recognised not only the shared intention to poach rhinos, but also the shared responsibi­lity for unlawful possession of the unlicenced firearm they intended to use to commit it.

Wildlife veterinari­an Dr William Fowlds, at the heart of anti-poaching efforts in the province, said, “This judgment gives law enforcemen­t the ability to save rhino before they are poached. A precedent has been set which removes poachers from circulatio­n and into conviction based on intent. No bail has also been a lifesaver in this trial, in stark contrast to many others around the country where poachers are arrested for subsequent poaching a while out on bail.

“It sends a strong message out to those who plan to poach this iconic species at a time when the country desperatel­y needs to stop the decline of our rhino at the hands of criminals.”

Eastern Cape MEC for economic developmen­t, environmen­tal affairs and tourism Mlungisi Mvoko said, “We are proud of active collaborat­ions between provincial rangers, communitie­s, law-enforcemen­t agencies and the justice system, and for the commitment and dedication continuous­ly shown by all stakeholde­rs towards conservati­on. We believe the verdict is a victory for the sector and sends a strong message to other prospectiv­e poachers that there are dire consequenc­es to poaching, especially in the Eastern Cape.”

Coetzee said the investigat­ion and prosecutio­n team were very pleased with the outcome. “It is a very vital judgment for us, that we can now use as a precedent in similar matters.”

The men, in their 20s and early 30s when they were arrested, were represente­d by advocate Viwe Mqeke (Chitiyo and Trymore Chauke) and Charles Stamper (Misheck Chauke, Misinge, Muyambo and Moyane).

Each is convicted of conspiracy to commit theft of a rhinoceros horn and unlawful possession of a .375 calibre hunting rifle and unlawful possession of nine rounds of .375 calibre ammunition, both in contravent­ion of the Firearms Act.

Sentencing is set for November 4 in the Makhanda high court.

 ?? Picture: SUE MACLENNAN ?? SAVE OUR RHINOS: Anti-poaching activists outside the Makhanda high court on Friday before judgment was delivered in the case of six men tried for conspiring to poach rhinos. The activists are, from left, Joseph Thomas (Lalibela Reserve Anti-Poaching Unit), Nikki Bolton (One Land Love It), Ayesha Cantor (owner, Kragga Kamma Game Park), Laura Bolton (One Land) and Jeandre van Dam (Lalibela APU).
Picture: SUE MACLENNAN SAVE OUR RHINOS: Anti-poaching activists outside the Makhanda high court on Friday before judgment was delivered in the case of six men tried for conspiring to poach rhinos. The activists are, from left, Joseph Thomas (Lalibela Reserve Anti-Poaching Unit), Nikki Bolton (One Land Love It), Ayesha Cantor (owner, Kragga Kamma Game Park), Laura Bolton (One Land) and Jeandre van Dam (Lalibela APU).

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