Poachers guilty in landmark case
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.