Rapid Reference Guide For The Investigation And Prosecution Of Wildlife .

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List of acronymsIntroductionForeword from the Director of Public ProsecutionsAcknowledgmentForeword from the Director of theDepartment of National Parks and WildlifeiiiiviviiviiiPART I LEGAL FRAMEWORKSection APreambleConstitution of ZambiaThe National Prosecution Authority ActThe Zambia Wildlife Act22221PART II INVESTIGATIONSSection BSection CLiaison between Law EnforcementInvestigations AuthoritiesConduct of Investigations and Best PracticeSecuring ExhibitsStatements from the SuspectFingerprintsWitness Statements445663PART III DNPW-NPA ENGAGEMENTSSection DSection ESection FSection GSection HLiaison between DNPW officers and NPAReferral of Cases to NPAPre-Arrest Conference betweenDNPW Investigations Officers and NPAPost-Arrest ChecklistMinimum requirements of a file8889107PART IV PROSECUTIONSection ISection JSection KSection LSection MSection NAnnex AAnnex BAnnex CDecision to Prosecute – General PrinciplesBailPre-Trial meetingsGuidance on conduct of the case at courtMajor organised crime, finance crime, assetrecovery and ancillary offences in connectionwith wildlife crimeMajor offences under the Zambia WildlifeAct No. 14 of 201512121313List of protected animalsList of game animalsList of prescribed trophies495253172011

RAPID REFERENCE GUIDE FOR THEINVESTIGATION ANDPROSECUTION OFWILDLIFE CRIMESIN ZAMBIALIST OF ACRONYMSAnti-Corruption CommissionAttorney GeneralAssistant Director – Legal, Department ofNational Parks and WildlifeAMLIUAnti Money Laundering Investigation UnitCAACivil Aviation AuthorityCPCCriminal Procedure Code Act, Chapter 88 ofthe Laws of ZambiaDECDrug Enforcement CommissionDNPWDepartment of National Parks and WildlifeDPPDirector of Public ProsecutionsFDForestry DepartmentFICFinancial Intelligence CentreFPCA 2010 Forfeiture of Proceeds of Crime ActNo. 19 of 2010FSIFinancial Service InstitutionGRZGovernment of the Republic of SZRAZWA 2015Geological Survey DepartmentInvestigations OfficerMinistry of LandsMinistry of Tourism and ArtsMobile Service ProviderNational Museums BoardNational Prosecution AuthorityPenal CodeProhibition and Prevention of MoneyLaundering Act as amended byAct No. 44 of 2010Statutory InstrumentZambia Air ForceZambia Police ServiceZambia Revenue AuthorityZambia Wildlife Act No. 14 of 2015

NOTES/KEY CONTACTSDNPW, NPA, MoTA, AMLIU, DEC, FIC, ZRA, Other CountriesRapid reference guide for the investigation and prosecution of wildlife crimes in Zambiaii

WILDLIFE IS AN IMPERATIVE PART OFZAMBIA’S ECOLOGICAL COMMUNITYAS IT PLAYS AN IMPORTANT ROLE INTHE ENVIRONMENT.INTRODUCTIONBesides basic survival and global health,wildlife plays an essential role in other facets oflife like economics and recreation.Wildlife crime in Zambia andindeed across the worldhas become increasinglyorganized with criminalnetworks forging links acrosscountries and continents.High demand for wildlife andwildlife products is a driverof illegal and unsustainabletrade as it threatens thesurvival of wild plants, animalsand their ecosystems, whilealso severely impacting thelivelihood of rural communitiesand national economies.The multinational nature ofsuch criminal activity hasevolved and diversified withlinks that include humanmigrant exploitation, moneylaundering, arms and drugtrafficking, amongst others.Eventually, this has led to theexploitation and underminingof financial systems affectingthe world’s economies andsocial development.In 1997 the Inspector Generalof Police Francis K. Ndhlovuiiiin his paper titled ‘OrganisedCrime in Zambia’ stated that“Organised crime syndicatesin Zambia manifest themselvesin thefts of motor vehicles,drug trafficking, firearmssmuggling, commercialpoaching, bank frauds, andmoney laundering”.The new Zambia Wildlife Act,No. 14 of 2015 came intooperation on 6 November 2015and contains new offencesand penalties to be appliedto wildlife crime relatedcases. It demonstrates theGovernment of the Republicof Zambia’s commitment tocombatting the illegal wildlifetrade and protecting Zambia’snatural heritage by setting outsignificant custodial sentencesand fees proportionate to theserious nature of the crime.Zambia’s Department ofNational Parks and Wildlife(DNPW) together withthe National ProsecutionAuthority (NPA) havedeveloped this rapidreference guide for wildlifecrime investigations andprosecutions. Encompassingall relevant offences underexisting laws at the time ofpublication, this is intendedto be a quick referenceguide for Investigators andProsecutors alike.The guide lays out what isrequired to build an evidentialcase against those accused ofwildlife related crimes; it alsosets out the ancillary powersavailable under each of therelevant statutes.This reference will serve as acritical tool in the fight againstwildlife related crime. It isapplicable to all officers fromkey law enforcement agenciesand is aimed at fostering bettercooperation and collaborationamongst them. The guideis subject to review as andwhen circumstances deemit necessary.



FOREWORDFROM THE DIRECTOROF PUBLIC PROSECUTIONSThe National Prosecutions Authority (NPA)recognizes that wildlife crime has become organizedand transnational in nature, thus, curbing this vicerequires effective and efficient investigation as wellas prosecution.This guide is an invaluable resourceand comes at a time when themandate to prosecute wildlife crimehas moved to the NPA from theDepartment of National Parks andwildlife (DNPW), with most of ourProsecutors being new to handlingsuch cases. I am, therefore, pleasedto be associated with this RapidReference Guide which will serveas a guide to both Investigators andProsecutors in the prosecution andinvestigation of Wildlife Crime.I wish to commend all thestakeholders that played a pivotalrole for their tireless efforts inensuring that this document isfinalized and put to use by therelevant parties.Fulata Lillian Shawa SiyunyiDirector of Public Prosecutionsvi

ACKNOWLEDGEMENTWith profound gratitude, theTeam wishes to express itssincere appreciation as follows:123456viiThe Director of Department ofNational Parks and Wildlife for hisable stewardship and all the supportto the efforts and work of the team.The Director of Public Prosecutionsand staff from the NationalProsecutions Authority for thesupport rendered.Wildlife Crime Prevention, TuskTrust, Save the Elephants – ElephantCrisis Fund, Paul G. Allen FamilyFoundation, Woodtiger Fund, StadlerFamily Foundation and EuropeanCommission our faithful partners fortheir historical and current financialsupport of the process.From the American People and withfunding provided by the UnitedStates Government.Our stakeholder partners whosecomments, critique and ideas helpedshape this guide and indeed thestandard operating procedures.Shamini Jayanathan, Space forGiants for her technical support inthe production of this document.We also wish to recognize that theconcept and some structural contentof the document reflects that of theKenyan Rapid Reference Guideproduced by her at the British HighCommission, Kenya

FOREWORDFROM THE DIRECTOR OF THE DEPARTMENT OFNATIONAL PARKS AND WILDLIFEGlobally the illegal trade in wildlife is the fourthmost lucrative transnational crime after drugs,arms and human trafficking estimated to be worthup to 17 billion annually.Illegal wildlife trade is not onlypushing several iconic speciesto the brink of extinction but thisorganized crime is associated withcorruption and insecurity. In onegeneration, Zambia lost all of itsBlack Rhinos, a whole species thatwas lost not for the enrichment ofthe nation, but for a few individuals.Zambia had one of the largestelephant populations south of theSahara, in the 1960s the elephantpopulation was over 250,000,however by 1989 the population hadfallen to about 18,000. In 60 yearswe had lost over 90% of our elephantpopulation. Wildlife crime has directlycontributed to the depletion ofZambia’s wildlife resources.However, there is still hope for thefuture, 31% of our land in Zambiahas been protected as NationalParks and Game ManagementAreas. Wildlife industries throughinternational and domesticphotographic and hunting safaritourism, as well as game ranching,has huge economic potential forour country, but wildlife must firstbe protected. This is why as aDepartment we are pleased thatwildlife crime has been recognizedas an area that needs the supportof stakeholders. As Director,I encourage the use of this Guideby our Officers, in ensuring thatwildlife crime is handled in theproper and professional manner,so we can bring an end to thisscourge with our partners atNational Prosecutions Authority,Government, law enforcementagencies and other sectors.Paul ZyamboDirector, Department of NationalParks and Wildlifeviii


1.The Constitution of Zambia (Amendment)Act No. 2 of 2016Article 180 provides for the establishment of theDirector of Public Prosecution (DPP) who is theChief Prosecutor for the Government and headof the National Prosecutions Authority (NPA).2.The National Prosecutions Authority Act No. 34of 2010The National Prosecutions Authority Act furthergives guidance on the duties of an appointedProsecutor. Section 10 provides:“In the performance of a Prosecutor’sduties, a Prosecutor shall –a.carry out the Prosecutor’s functionsimpartially and avoid all political, social,religious, racial, cultural, sexual or anyother kind of discrimination;b.protect the public interest, act withobjectivity, take proper account ofthe position of the suspect and thevictim, and pay attention to all relevantcircumstances, irrespective of whetherthey are to the advantage or disadvantageof the suspect;c.keep matters in the possession of theProsecutor confidential, unless theperformance of a duty or the needsof justice require otherwise; andd.consider the views and concerns of avictim where the victim’s interests areaffected and ensure that the victim isinformed of the rights.3.The Zambia Wildlife Act No. 14 of 2015Section 119 states that:“The Director of Public Prosecutions may,at the request of the Director, in writing,appoint by name or rank a wildlife officer toundertake the prosecution of any offencealleged to have been committed under this Act.A wildlife officer shall, in undertakingprosecution under subsection (1), act inaccordance with the general or specialinstructions of the Director of PublicProsecutions.”In order to ensure efficiency of investigations andprosecution of wildlife crimes, there is need tohave a close cooperation between Prosecutionand Investigations Officers and if applicable, otheragencies involved in the detection, investigationand prosecution of wildlife crime.This includes partners in the Zambia Police (ZP),Zambia Revenue Authority (ZRA), Drug EnforcementCommission (DEC), Anti Money LaunderingInvestigation Unit (AMLIU), Financial IntelligenceCentre (FIC) and Anti-Corruption Commission(ACC) and Department of Immigration, Civil AviationAuthority (CAA), Zambia Air Force (ZAF) andImmigration Services.A Prosecutor shall, in order to ensure thefairness and effectiveness of prosecution,cooperate with the police, the courts, thelegal profession, public defenders and othergovernment agencies or institutions.”Rapid reference guide for the investigation and prosecution of wildlife crimes in Zambia2PART ISECTION A: Preamble


SECTION B: Liaison betweenLaw Enforcement InvestigationsAuthorities2.3.4.5.The DNPW Principal Investigations Officer shallidentify the appropriate contact point in otherZambian law enforcement agencies includingZP, ZRA, Immigration department, FIC, AMLIU,DEC and any other relevant law enforcementagency for the sake of collaborations in casesthat need involvement of other agenciesespecially in the area of investigations.In any wildlife crime case that demands theinvolvement of any other law enforcementagency or investigation authority with respect tofurther investigation, the Principal InvestigationsOfficer should contact through the liaison officerin each agency as soon as practicable and inthe format agreed between the agencies.Where an Investigations Officer (IO) suspectsthat a wildlife crime is connected to anothercrime, possibly as part of an organizedcrime, the IO should pass on this informationto the relevant investigation authority or lawenforcement agency e.g. if it is suspected thatthere has been a customs offence, informationshould be passed onto ZRA, for suspectedimmigration offences information should bepassed onto the Immigration Department etc.(See Section M for elements of some relevantorganized crime offences).Where an IO suspects that a wildlife crime is aconnected to the crime of money launderingthe IO should pass on this information to theAnti-Money Laundering Investigations Unit(AMLIU) under DEC (for suspicions of moneylaundering) (See Section M for elements ofsome relevant money laundering offences).Where an IO reasonably suspects that aperson has in his possession property thatmay be a proceed of crime, the IO shouldrefer the matter to the Anti Money LaunderingInvestigations Unit (AMLIU) under the auspiceof the Drug Enforcement Commission (DEC) tocarry out further investigations.Section 71 of the FPCA 2010 provides that aslong as there is reasonable suspicion (basedon articulable facts) that any particular propertyor money may be a proceed of crime then anaction can be brought against the person inpossession and if he fails to provide adequateevidence on how they acquired such propertySECTION C: Conduct ofInvestigations and Best Practice1.Securing Evidencea.The first officer at the scene of the crimeshall recover and ensure the safety ofevidence and must prepare an inventoryand hand over to IO who shall ensure theevidence’s chain of custody is maintained.b.The IO shall ensure that the evidenceis properly labelled by giving a briefdescription and a number and shall fillin the Evidence Report stating the itemsthat have been collected.c.The IO shall attach a Chain of Custodyform to the bag, kit, envelope orcontainer in which the evidence issecured. The Chain of Custody Formwill accompany the evidence at all times.d.Each piece of evidence shall be keptin separate bags, kits, envelopes orcontainers to prevent contamination.e.Evidence requiring treatment e.g.wildlife skins must be fumigated inorder to preserve them from degradation.Fumigation is to happen in a confinedspace. Evidence should be presentedat court in the same condition in whichit was confiscated.f.There should be a secure room or safe atevery regional DNPW office. This room orsafe shall be locked at all times with keysbeing kept by the officer(s) specificallycharged with the supervision of the roomor safe.g.Entry into the exhibit room or safe shallbe monitored by the officer charged withsecuring and controlling the room, thereshall be an access log sheet, to keeptrack of persons entering the exhibit room.h.There shall always be an officeravailable at the exhibit room or safefrom 08:00 – 17:00 or as so requested.Rapid reference guide for the investigation and prosecution of wildlife crimes in ZambiaPART II1.then the property can be forfeited to the state.There is no requirement to prove a predicate(underlying) offence.4

PART II: INVESTIGATIONS continuedSection C: Conduct of Investigations and Best Practice continuedi.The arresting officer and the officercharged with securing the exhibit roomor safe shall ensure safe custody andproper recording of the evidence in anEvidence Register.j.The Evidence Register shall contain theitems brought into the exhibit room or safestating the label number, the officer whobrought in the evidence and any officerwho subsequently removes the evidencefrom the exhibit room.k.l.Evidence is not to be used in any waybefore it appears in court. Bicycles,motorbikes, phones etc. are to beregistered and stored only.The arresting officer shall determineevidence that requires expert examination.m. The arresting officer shall indicate on theChain of Custody form that the evidencehas been submitted to an expert fortesting. The form shall contain the dateand items submitted to the expert andany necessary signatures.n.The expert shall sign the form indicatingreceipt of the evidence stating the dateand time.o.The arresting officer shall collect the expertreport together with the evidence fromthe expert and return the it to the exhibitroom or safe where it shall be kept until itsproduction in court.p.Where there is documentary evidencethat does not require expert opinion, thearresting officer shall keep copies in thefile and produce the originals in court.q.Perishable items must be preservedappropriately, or photographs taken atthe scene of arrest and officer who takesthe photographs must then provide acertificate of authenticity and ensurehe is available for trial to describe thephotograph.r.5Only a Court may determine when apiece of evidence may be released to aninterested party or destroyed. This will bedone in accordance with section 355 of theCriminal Procedure Code (CPC).2.s.In any case where evidence is lost ormisappropriated or altered or manipulatedin any way or at any time, the DNPWPrincipal Investigations Officer shalldirect a robust investigation with aview of identifying and charging theresponsible party.t.Where the evidence lost in (q) aboveconcerns ivory or rhino horn, the PrincipalInvestigations Officer shall prioritize thedirection of that investigation.Statements from the Suspect:a.The apprehending officer shall inform thesuspect that he has the right to remainsilent on arrest and that anything saidby the suspect can be written down andproduced as evidence. The officer musttake into account the Judges Rules of 1930which provide:i.A police officer investigating anoffence may question anyone whethersuspect or not, from whom he thinksuseful information can be obtained.This is so, whether a person is incustody or not so long as he has notbeen charged with the offence orinformed that he may be prosecutedfor it.ii.A police officer must caution aperson he reasonably suspects tohave committed an offence beforequestioning him on anything relatingto that offence. As soon as a policeofficer has reasonable suspicion thata person has committed an offence,that person shall be cautioned beforeputting any questions or any furtherquestion relating to that offence.iii.Where a person is formally chargedand is in custody or informed thathe may be prosecuted, he must becautioned further. Save for exceptionalcircumstances there may be noquestioning subsequent to thesethree stages, however in those specialcases further caution must be given.

b.If the suspect elects to make a statement,he should be warned and cautionedbefore making any statement. In the caseof Shamwana and Others v The People(1985) Z.R.41 it was stated that:“As a general rule in this country, however,a confession made to a person in authority,such as a police officer, in the absence ofany warning, is prima facie inadmissible.It is only in very exceptional circumstancesthat such a confession will be admissible”.Hence to ensure that the statement of anaccused can be used in court, the officermust administer a ‘warn and cautionstatement’.3.c.If the suspect makes a statement, theofficer must take down what the suspecthas to say.d.The officer must ensure that the statementsmade by the suspect are voluntary andmust enquire from the suspect if he ismaking the statements due to acts ofduress or not.Fingerprintsa.b.“The first question is whether the failureto obtain the evidence was a derelictionof duty on the part of the police whichmay have prejudiced the accused.When evidence has not been obtainedin circumstances where there was aduty to do so – and a fortiori when it wasobtained and not laid before the court –and possible prejudice has resulted,then an assumption favourable to theaccused must be made.”Accused should be asked whetherhe wishes to write down himself whathe wants to say. If he says he cannotwrite or says he does not wish to do soand then a police officer may offer towrite the statement for him but beforedoing so he should make him sign astatement.The arresting officer shall on theprescribed form for the purpose of recordand identification, take the measurements,photographs, fingerprints, hand prints andfootprints of a person in lawful custody.This will be done in accordance withsection 115, ZWA 2015.4.Witness Statementsa.In planning an operation, officers shouldclarify the role that each officer shall playand as a result which officer shall beexpected to testify in court.b.The names, telephone numbers, residentialand work addresses of all witnesses mustbe compiled by the arresting officer whoshall in turn submit those names to theProsecutor assigned to the particular case.c.The telephone number, residential orwork address of witnesses shall NOT berecorded within the body of the statementunless relevant to the commission ofthe offence. This is to avoid inadvertentdisclosure of the witnesses’ whereaboutsto the accused or his accomplices.d.Contact details should be recorded onlyin the ‘List of Witnesses’ and must remainin the file held in the custody of theProsecutor.e.In taking a witness statement, the officermust address how the witness’ evidenceassists in establishing the offence againstthe accused with particular considerationof the ‘Points to Prove’ for individualoffences.f.If an undercover informant is used inthe course of the investigation, bestendeavours shall be used to ensure thatthe informant is not present at the sceneof the arrest to avoid any need for theinformant to testify and as such exposehis identity.The information obtained in (a) above mustbe stored in a records data base for futurereference.With regards to securing evidence ingeneral, officers should note that if theyfail to collect and secure evidence whichit is their duty to lay before the court, thenan assumption in favour of the accusedmay be given in court. In Kalebu Banda vThe People (1977) Z.R. 169 (S.C.) it washeld that:Rapid reference guide for the investigation and prosecution of wildlife crimes in ZambiaPART IIiv.6


SECTION D: Liaison betweenDNPW officers and NPAThe IO should inform the relevant NationalProsecution Authority officer1 as soon aspossible:a)where the IO is considering buildingan evidential case relating to a suspectagainst whom there is information thatan offence is being committed; orb)in any case where an arrest is beingcontemplated; orc)in any case where it is clear that advicefrom the Prosecution may be needede.g. where a consignment related to aprescribed trophy or protected animal, orwhere a Convention International Trade inEndangered Species of Wild Fauna andFlora (CITES) listed species is discovered.2.In high profile cases, early engagement withProsecutors is encouraged to ensure thatInvestigators can secure necessary evidence.3.The category of cases below has beencompiled on the basis of the nature andseriousness of the offences.Category of cases to be referred to theDeputy Chief State Advocate in charge ofthe Province:a.In any matter involving Elephant, Rhino ortheir derivatives.b.Where the suspect is a foreign national orof unknown nationality.c.Where the suspect is a public or influentialfigure in his/her community.g.Where the offence involves foreigndiplomatic missions, international bodiesand/or multinational bodies.h.Where the suspect, in committing thewildlife related offence has also committedother offences not chargeable underZWA 2015.SECTION E: Referral of Casesto NPA1.All wildlife cases should be referred to thenearest NPA office.2.Movement of all cases shall be in accordancewith the NPA Case Flow Management System.SECTION F: Pre-Arrest Conferencebetween DNPW InvestigationOfficers and NPABefore a decision to arrest is made, or where anarrest is imminent, the IO and the Prosecutor willensure that a pre-arrest conference is held assoon as possible.At the conference, the Investigator shall give theProsecutor relevant information over the pendingarrest and the Prosecutor shall in turn give adviceto the Investigator on the following issues:a.The Investigations Officer (IO) shall proposepossible offences to charge, however this shallnot be binding on the Prosecutors.Where the suspect is reasonablysuspected to be a beneficiary of proceedsof wildlife crime or there is suspicion ofmoney laundering or other financial crimelinked to a wildlife crime.b.Lines of enquiry to take – Part IV of the CPC isillustrative on this point.c.Admissibility of evidence.d.Potential need for expert evidence.d.Where the suspect is a second offenderin the context of wildlife crime andrelated offences.e.Possible legal applications e.g. restraintof assets or applications for mobile phonedata records.e.Where the investigation and prosecutionof the crime will involve transnationalcooperation.1 Lusaka Province liaison should be with the Deputy Chief State Advocate Taxation and Financial Crimes and at Provincial level itshould be with the Deputy Chief State Advocate in charge of the ProvinceRapid reference guide for the investigation and prosecution of wildlife crimes in Zambia8PART III1.f.

PART III: DNPW - NPA ENGAGEMENTS continuedSection F: Pre-Arrest Conference between DNPW Investigation Officers and NPA continuedf.Whether a parallel financial investigation ismerited, or the case may call for potentialinvolvement of the AMLIU, FIC or ACC. If so,the Prosecutor or the IO will, without delay,make direct contact with those agenciesin order to carry out the financial aspect ofinvestigation.g.Setting a timetable for disclosure of evidenceand subsequent meetings.h.That the Prosecutor and the IO will ensurethat they regularly conference for purposeof discussing progress of investigations.i.Consideration of bail and/or any otherapplications – section 123 of the CPCand section J of this Guide.j.The Prosecutor or the IO may call for potentialinvolvement of other law enforcement agenciese.g. ZRA, Immigration Department etc.k.How evidence should be presented in court –see Part V of the CPC and section IV ofthis guide.SECTION G: Post-Arrest Checklist1.In cases where the IO is uncertain of the lawor the charge on which to detain a suspecthe shall consult with the Prosecutor who hasbeen assigned the case on the best mannerto handle the case. Advice may include allmatters in section F above.2.The IO must ensure that he administers averbal ‘warn and caution’ at the point of arrest,this should be recorded in his/her notebook,stating the time and place.93.In cases where an arrest is made without priorconsultation with the Prosecutor, then thefollowing shall happen:a.In high profile cases no charge shall bebrought against the offender without theapproval of a Prosecutor.b.In cases falling under section ‘D’ above theProsecutor and IO shall meet and discussthe evidence that they have against theoffender and only then shall the charge bedrawn or further remand sought for furtherinvestigation.4.In the case of any live/perishable exhibitse.g. pangolins/bushmeat the IO must preparea disposal application for the court to allowdisposal of such exhibits and anotheracceptable method of production before courte.g. by photograph.5.The arresting officer and IO must prepare adetailed report highlighting how the arrest waseffected, stating clearly the time and place ofthe arrest.

SECTION H: Minimum requirements of a fileThe file submitted by an Investigations Officer to the Prosecutor for the purposes of charging should contain asa minimum the following:PLEA STAGEAffidavit objecting to bail if there are reasons forthe accused not to be released on bail– Bail considerations (see Section J below) placed onthe front of the file with a summary of the evidence/enquiries conducted thus far. An affidavit wherenecessary.Application supported by affidavit for deferringof plea– Previous convictions/any record of the accused inprevious proceeding, if any.– Key witness statements.– Proposed charges.– Any expert report available at the time e.g.identifying exhibits.– Documentary exhibits including billing and othermedia downloads e.g. Phone call logs etc.– List of witnesses.– List of exhibits.– Statement of accused (if any).– Any hardware (e.g. CD, Flash Drive) should belabeled with the operation name and sufficient detailto identify it and distinguish it from any materialpreviously submitted.– Any photographs should be labeled and submittedin a separate envelope or file within the file.PART IIIPRE-CHARGERapid reference guide for the investigation and prosecution of wildlife crimes in Zambia10


1.The decision to prosecute is taken by theProsecutor to whom the case is allocated.It is a serious step that affects suspects,victims, witnesses and the public at largeand must be undertaken with the utmost care.2.Prosecutors must be fair, independentand objective.3.A Prosecutor must be satisfied that thereis a reasonable prospect of a conviction;the evidence must satisfy each and everyingredient of the offence.4.Prosecutors must consider and take intoaccount public interest.5.Where an Investigator and/or Prosecutorsuspects or has reason to believe that asuspect is a low-level poacher and they seekto arrest the high-level criminal in the syndicatewho profits the most out of wildlife trafficking.The Prosecutor may decide not to charge thissuspect in exchange for information to be usedin further investigations to get to the high-leveltrafficker.6.When deciding whether there is sufficientevidence to prosecute, Prosecutors should askthemselves the following:a.b.Can the evidence be used in court?i.Prosecutors should consider whetherthere is any question over admissibilityof certain evidence;ii.The likelihood of evidence being heldas inadmissible by the

INVESTIGATION AND PROSECUTION OF WILDLIFE CRIMES IN ZAMBIA LIST OF ACRONYMS ACC Anti-Corruption Commission AG Attor ney General ADL Assistant Dir ector Ð Legal, Department of National Parks and Wildlife AMLIU Anti Money Laundering Investigation Unit CA A Civil A viation Authority CPC Criminal Pr ocedure Code Act, Chapter 88 of

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