Zambian national appeals against 15 years prison sentence in MK53m wildlife crime case
Zambian national, Kelby Roy Malambo, sentenced to 15 years imprisonment last year for wildlife crimes, appealed against both his conviction and sentence in the High Court of Malawi.
The Zambian cites, among other grounds, length of the sentence and absence of a call log from Airtel, which “could have been part of his evidence” tendered during the hearing of his case by the Lilongwe Senior Resident Magistrate Court.
Judge Mzonde Mvula, sitting in Lilongwe, heard Malambo’s application on Thursday, 21 September, 2023.
But Senior State Advocate, Siphosana Kajumie, argued the grounds for appeal “lack basis”.
Senior Resident Magistrate Wanangwa Nyirenda on 1st December, 2022, had sentenced Malambo to 15 years in prison for the three charges he faced in a MK53 million wildlife crime case involving elephant ivory.
The charges were: being found in possession of specimen of listed species, dealing in government trophy and importing specimen of listed species without producing to a customs officer a valid permit.
The offences are contrary to the National Parks and Wildlife Act of 2017.
Magistrate Nyirenda had given Malambo 15 years for each of the three counts. The sentences are running concurrently.
Presenting a list of the grounds for his appeal, Malambo alleges, among others, that the Airtel call log “could have proved the owner of the sim card since the judgement was based on a phone which was with Steve”.
The Zambian national further alleges that Steve “is his Malawian friend who tricked him into possessing the ivory and remained hidden throughout”.
He adds the lower court did not summon the “hidden Steve” to testify in order to prove “who the real owner of the ivory was”.
But Kajumie, from the Director of Public Prosecutions office, argued Malambo’s application be dismissed in its entirety, stating that the grounds for his appeal lack basis.
She added that the offences the Zambian committed attract 30 years imprisonment and given the amount of ivory he was caught with, the 15 years sentence was fair.
“There are records showing that the lower court had asked Malambo to bring the call log. Three months elapsed without him bringing. The court felt delayed and needed to proceed and progress his case.
“His appeal is out of time and there is no basis why it is coming out of time.
“The grounds for appeal do not form a good basis why the court should allow the appeal,” she said.
Meanwhile, Justice Mvula set 19th October, 2023 as the date he will make a ruling on Malambo’s appeal.
Malambo was found with 22 pieces of raw ivory, weighing 64.905 kilograms and valued at about MK53 million. He was arrested at Mwami Border Total Filling Station in Mchinji in February, 2021.
Malambo, 48, comes from Livingstone City in Monze District in Zambia.
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