Rhino Poaching: Arrests, Prosecutions & Sentencing

[nan]

..... The athlete is not a "flight risk", according to the court .......

right
but we can't compare those two cases

[Lisbeth]

Right, Nan

[Flutterby]

Acting deputy judge president Mahomed Navsa wrote in his judgment that "the sentence of 30 years imprisonment is too severe and induces a sense of shock".

So?? Aren't we trying to discourage poaching?? Surely, a possible sentence of 30 years might make some people think twice??

[okie]

Posted today on FB by Allison Thomson of OSCAP:

South Africa's Supreme Court of Appeal has reduced the 30 year jail term handed down to rhino horn trafficker Chumlong Lemtongthai - one of the key figures in Killing for Profit - to 13 years. He also has to pay a R1-million fine.
Acting deputy judge president Mahomed Navsa wrote in his judgment that "the sentence of 30 years imprisonment is too severe and induces a sense of shock".
"It is disproportionate when compared to the minimum sentences statutorily prescribed for other serious offences. Thus, we are at large to interfere in the sentence. The appellant identified the company
he worked for and whose instructions he carried out in perpetrating the offences in question. In my view, having regard to the fact that the killing of the 26 rhinos occurred during one operation, a sentence of imprisonment of six months in respect of each of counts 27 to 52 is an appropriate sentence. This amounts to a total of 13 years imprisonment.
"In arriving at this conclusion, I have borne in mind that the appellant was in custody for 16 months awaiting the finalisation of his trial....Thus, the effective sentence is payment of a fine of R1-million plus a period of imprisonment of thirteen years, antedated to 9 July 2011 and failing payment of the fine to an effective period of imprisonment of 18 years.‟

You can see the complete judgement here.

Hmmmm..... Killing for profit.. in this case 26 rhinos with horns say each 3 kg only , say at US$60 000 per kg = around R50 million -- Not a bad profit , out of a total input cost of say R1 million and 13 years of sitting behind bars , full board and lodging . So basically receiving a salary of around R4 million per annum

In his homeland he would be hanged , or shot .

[Toko]

From SANPArks FB today:

#PoachersUpdate: #Stolsnek 28/09 - In a combined SANParks and SAPS ground and air operation, rangers along with their K9 capability made contact with and successfully arrested 3 suspected rhino poachers. During the incident, a hunting rifle, pistol, ammo and hunting equipment were recovered. Follow up investigations are underway.

[Richprins]

Good one, okie!

The reduction of sentence will leave poachers giggling, but not that much, as 13 years is a long time indeed! As said, other countries would have skipped the jail schlepp...

[Toko]

SANParks FB

#PoachersUpdate: #LowerSabie 30/09 - Rangers, with the support of a helicopter reaction team, made contact with a group of two suspected rhino poachers. Both suspects were arrested. A .375 hunting rifle, ammo and one fresh rhino horn was recovered. Investigations are underway.

[Toko]

SA man is wanted by FBI

October 3 2014 at 09:40am
By KAMCILLA PILLAY

Durban – One of 10 alleged members of a rhino poaching syndicate who is applying for bail is wanted by the FBI and has a $1.1 million (R12.3m) default judgment against him in California.

The Daily News has found out that Abraham Johannes Smit, 36, of Krugersdorp, known as “Arno”, is suspected of fleeing America to dodge criminal charges.

He has been pursued by Interpol and the FBI for more than three years for various alleged crimes, including six counts of wire fraud and fleeing criminal prosecution.

The FBI’s public information officer, Special Agent Gina Swankie, confirmed this week that Smit had been a fugitive for years.

“He is wanted. He has been for a while. We issued a warrant for his arrest on a charge of unlawful flight to avoid prosecution (UFAP),” she said.

This was a general warrant issued for any fugitive at large, she said.

Swankie explained: “Smit is wanted by the federal government for six counts of wire fraud; he was indicted on January 6, 2011. When he fled post indictment, it precipitated the UFAP warrant.”

She said he was indicted on the six counts in the US District Court for the Eastern District of California (a federal court) in relation to alleged investment fraud.

Swanie did not elaborate on details of the alleged wire fraud.

Smit and nine other suspects, among them a police officer and a lawyer, were arrested two weeks ago in four provinces, including KwaZulu-Natal.

While in custody, Smit has applied for bail in the Pretoria Magistrate’s Court.

Judgment on bail was expected on Friday.

The other accused are the alleged ringleader Hugo Ras, his wife Trudie Ras, Hugo’s brother Anton Ras, Ficksburg pilot Bonnie Steyn, Hawks Warrant Officer Willie Oosthuizen, lawyer Joseph Wilkinson, Christoffel Scheepers, Mandla Magagula, and Willem van Jaarsveld.

The group appeared on 318 allegations including theft, fraud, malicious damage to property (related to the killing and mutilation of rhinos), money laundering, intimidation, and illegal possession of firearms and ammunition.

They were allegedly involved in killing 22 rhinos, valued at nearly R22m, and mutilating two others, between 2008 and 2012. In total, the syndicate allegedly illegally obtained 84 rhino horns.

Smit was scheduled to appear in the Superior Court of California in Tulare county on March 18, 2009, in a lawsuit involving plaintiff Jackie Atkinson, 58. She claimed he had swindled her out of almost $600 000 by getting her to invest in his business.

Despite being summoned to appear in court more than five months before (October 2008), he failed to show up. The judge issued a warrant for his arrest – and default judgment for Atkinson to the value of almost $1.1m (plus costs and interest).

The court’s administrative manager, Deanna Jasso, told the Daily News on Thursday that Smit would be expected to pay cash bail of the same amount if he were arrested, but did have the option of obtaining a bail bond for 10 percent of that amount.

For Atkinson, the arrest is cold comfort: “Am I happy that he’s behind bars? Yes, of course. Did I wish that he would pay for what he did to me? Absolutely. But I know that at least he can no longer hurt anyone else. The world is safe,” said Atkinson from her Charlotte, North Carolina, home.

She said she had met Smit via a business website in May 2006. After exchanging messages, phone calls and pictures, they decided to meet later that month.

“My first impressions were that he was an average-looking guy, dressed well but not over the top, which enhanced his looks, good manners, (and) a good conversationalist.”

A day later, she claimed, Smit e-mailed her saying an investor had backed out at the last minute of a business deal and he needed funds to buy cattle (he had told her he was a dairy farmer) to complete an order.

“I called him and we spoke at length before he was able to convince me that this was a short-term deal and that the return would be a good investment.”

Atkinson then transferred the funds into his bank account.

“Arno knew from our talks that I played golf… He professed to have talked with Ernie Els about developing a golf course in South Africa.”

In early September 2006, she said, Smit posted her a cheque but asked that she “hold off” depositing it until about the middle of the month, because that was when he would have cash available.

“This is the first cheque that bounced… (Several) telephone conversations followed while he tried to work out what had gone wrong. (The next) cheque he sent me was returned because the account had been closed.”

Atkinson added: “Needless to say the phone calls abruptly stopped after that.”

Atkinson then sought the help of private investigator, Rocky Pipkin, culminating in her filing a civil suit against Smit.

kamcilla.pillay@inl.co.za

[Toko]

Bail denied for alleged rhino poachers
3.10.2014 01.33 pm

Bail has been denied to four of the accused that form part of an alleged rhino poaching syndicate facing 318 charges.

On Friday, magistrate Desmond Nair concluded his judgement in the Pretoria Magistrates’ Court with Trudie Ras, her brother Abraham Smit, Bonnie Steyn and Willem van Jaarsveld standing in the dock.
Nair said bail was being denied on the basis that the state has a very strong case against the accused, there are flight risks, as well as possible interference with witnesses.
Nair said strong public opinion played a secondary role denying bail.
As court adjourned, some of the accused spoke to their legal representatives before turning to their families.
Steyn’s wife appeared emotional as she repeatedly hugged her husband while Ras showed little emotion as she hugged her family members.
All of the accused will appear in court again October 8.
The ten accused were arrested on 19 September in a country-wide operation and face a number of charges, including the killing of rhino and selling their horns, intimidation, money laundering and racketeering.
It is alleged that they poached 24 rhino, obtaining over 84 horns through poaching and theft. A conservative estimate of the horns is said to be around R16 million.

[Flutterby]

MEDIA ALERT: 07 October 2014

KRUGER NATIONAL PARK ARRESTS

The South African National Parks (SANParks) announced the arrest of six suspected poachers in the world famous Kruger National Park on Tuesday the 7th October 2014.

The first arrest took place in Kingfisherspruit when patrolling rangers made contact with three suspected poachers. They called for support and the SAPS Helicopter was despatched as well as the Special Operations Unit of the SANParks Rangers Corps. Three suspects were apprehended and found to be in possession of a .458 rifle, ammunition and an axe. In the second incident, rangers in the Crocodile Bridge Section made contact with three suspected poachers. They followed the spoor and called for Helicopter backup, the three suspects were then apprehended. They were in possession of a .375 hunting rifle, ammunition and an axe.

The park has been under tremendous pressure from illegal hunters and has already lost over 500 of these magnificent animals to poachers this year alone.

Congratulating his men on a job well done, the Commanding Officer SANParks, Major General (RET) Johan Jooste said he is glad that the dedication from his team is not wearing thin and that they continue making inroads. “Every individual we arrest, and all the weaponry we confiscate from the suspects, gives us more energy and hope that one day, we will be able to contain and start rolling back this onslaught,” concludes Jooste.