In a case highlighting wildlife trafficking issues, Praisemore Mashindi, a 34-year-old street vendor from Gokwe, Zimbabwe, was caught attempting to sell a pangolin skin to police officers in a sting operation in Letlhakeng.
Mashindi pleaded guilty to the offence of unlawful possession of government trophy.
He is reported to have on June 9th, 2024, at Letlhakeng village in the Kweneng District unlawfully possessed pangolin skin without licence or permit.
Facts of the case read before Molepolole Magistrates’ Court stated that, the Narcotics Fauna and Floral Investigation Department at Gaborone received a tip off that a certain man in Letlhakeng was in possession of an animal suspected to be a Pangolin.
Law enforcement officers from Botswana Police Service, Botswana Defence Force and Wildlife official followed the report and upon arrival in Letlhakeng found Mashindi at the bus stop.
After introductions Mashindi was asked what was inside his bag and he answered that he was carrying a pangolin skin, before he excitedly whipped it out in an attempt to sell it to the officers.
Following a verdict of conviction, Mashindi’s defence attorney Farayi Mahwite, in mitigation stated that his client was a first offender who did not even waste the court’s time as he indicated that he was guilty during arraignment.
“My client was arrested on June 9th, 2024 and arraigned on June 17th, 2024. He spent eight days in holding cells, a practice you warned that it was unlawful when I was a prosecutor. No monetary value was attached to this scale and pleading guilty is a sign of remorse,” said Mahwite.
He further told the court that the convict is not even a sophisticated man but rather an uneducated man from one of the marginalised areas in Zimbabwe where its common for locals to be in possession of pangolin skins.
“He is a family man of five children, he was trying to make ends meets, he comes from a religion which value polygamy here called Mazezuru. Do temper justice with mercy which these courts do, these are finable offences,” pleaded Mahwite who quoted a case before Francistown court Habangana verses the state judgement, 1986 BLR 479 where a sentence of 12 months was quashed and the convict was fined P150.
In the end Principal Magistrate Solomon Setshedi considered Mahwite’s mitigation factors.
“Accused is a first offender who has prior to the commission of the offence has had no grudge with the law and this constantly favour as a mitigating factor. I have taken note of all stated by counsel during mitigation. In passing sentence the court must strike a balance between the interest of state, society and those of the accused. However, the interest of the state must not override those of the offender. I have taken note that the accused is a lay person and have not benefited anything from the commission of the offence,” said the magistrate before he fined Mashindi P200 000.
