Lemtongthai v S. Pays/Territoire Afrique du Sud Type de cour Nationale - cour supérieure Date Sep 25, 2014 Source UNEP, InforMEA Nom du tribunal Supreme Court of Appeal of South Africa Langue Anglais Sujet Espèces sauvages et écosystèmes Résumé This is a judgement on appeal at the Supreme Court. The appellant was charged in the Regional Court of Kempton Park with 26 counts for contravening section 80(1)(i) of Customs and Excise Act 91 of 1994, in that he unlawfully and intentionally made improper use of documents issued as per column 1 and 3 of schedule A, in respect of goods to which the Customs and Excise Act relates to the export of rhino horns. The appellant is a Thai citizen, and a director of a Thai company known as Xaysanang Trading Export-Import. The Company deals with rhino horns, lion bones, teeth and claws. He was involved in the shooting of rhinos after legal hunting permits were issued to him for trophies. This was a misrepresentation to the South African Authorities by the appellant. After the permits were thoroughly checked and cleared by the Customs and Nature Conservation, the appellant changed the addresses as they appeared on the CITES (Convention against International Trade in Endangered species of Fauna and Flora) permits, with the result that the rhinoshorns ended up in Laos and Thailand. The people reflected onthe permits as professional hunters were in fact prostitutes hired by the appellant to mislead the South African Authorities. It also emerged that the appellant was a member of asyndicate that operates from Thailand and specializes in dealingin rhino horns. The Court had to determine whether the trial court exercised its discretion properly in imposing the sentence of 40 yearsimprisonment. Although the appellant had legal permits toshoot the rhinos, he intentionally lied to the authorities. The permits were issued to him fraudulently to legitimize his unlawful and criminal activities. The offences were premeditated. The appellant knew that the killing of rhinos fortrading is a serious crime. (Provided by: UNODC SHERLOC) Texte intégral State_v_Lemthongthai_SCA.pdf Site web www.unodc.org