A Vryheid man who illegally hunted and traded in wild animals will have to pay a fine of R50 000 or face three years imprisonment for contravening regulations controlling the game industry, the Pietermaritzburg Regional Court has ruled.
Gerald Conway, 41, a self-employed agricultural and mining supplies salesman, was convicted and sentenced by magistrate Jennifer Anthoo following a plea agreement reached with the State.
Conway had confessed to nine contraventions of the Natal Nature Conservation Ordinance.
The married father of three admitted that in April 2005 he brought in 10 blue duiker from the Eastern Cape to Vryheid, which he kept in captivity without permits and three months later, hunted one of them.
On June 29, Conway brought in a lioness from the Free State which he hunted the next day.
He continued to contravene the gaming regulations in June 2007 when he brought two Nile crocodiles from Gauteng which he kept in captivity until he killed one of them.
Then, in December, Conway was found to be in possession of the skin of a leopard that he knew had been killed without a permit.
It was submitted in his plea agreement statement that, as a direct result of this prosecution, Conway had stopped all hunting and game-capturing enterprises in which he had been involved.
“[Conway] records that he did not totally flout the regulations controlling the game industry and that, as a matter of fact, he did obtain numerous permits throughout his career as a professional hunter and game capturer,” the plea agreement said.
“However, the procedures governing the obtaining of licences, permits or consents were or probably is still of such nature that it frustrates the industry, thereby tempting them to flout or disregard the relevant legislation.”
Nevertheless, Conway expressed remorse for having committed the offences.
He said he had attempted to take short cuts, leading to his no longer being involved in the game trade.
He had suffered huge financial losses in terminating his game interests.
Trying to take short cuts had also led to his saddling himself with a criminal record, being sentenced by the court, and being declared unfit to obtain hunting permits for the near future, Conway said.
He admitted that when he committed the crimes he had acted with intention and knew that his actions were wrongful and unlawful.
He was handed R115 000 in fines.
However, R65 000 in fines or two years and nine months imprisonment were suspended for up to five years, leaving him with R50 000 to pay.
The court also ordered that any licences or permits in Conway’s possession be immediately cancelled.
Finally, the court ordered that the leopard skin seized from Conway be forfeited to the Ezemvelo KZN Wildlife.
