Sabah mulls strict liability for wildlife poachers


Jason Santos

The carcass of a bull elephant has been found floating in Kinabatangan river on September 25, showing signs that it was killed by poachers for its ivory. The Sabah Wildlife Department is still investigating the case. – The Malaysian Insight pic, September 30, 2017.

WILDLIFE poachers will have to prove their innocence under strict liability rules that Sabah is planning to introduce in the state’s Wildlife Conservation Enactment 1997.

The burden of proof will no longer lie with prosecuting officers who have faced difficulty in obtaining witnesses to crimes against protected species, said Sabah Tourism, Culture and Environment Minister Masidi Manjun.

“We are looking into possibilities of amending the Wildlife Conservation Enactment 1997. Now prosecutors are facing a tough time charging suspects but with the strict liability rule, the burden of proof would be reversed,” he told reporters in Kota Kinabalu today.

There have been numerous instances where witnesses refused to come forward in court, Masidi said.

He was responding to the death of two pygmy elephants and hundreds of green turtles recently in Sabah after photos of them went viral on social media.

Masidi said a high level meeting involving top officers from the Wildlife Department held yesterday had discussed plans to introduce strict liability into Sabah’s conservation laws.

Another solution proposed was to introduce provisions in the law to ensure landowners and plantation owners take stock of the protected wildlife found on their land and to care for them.

Masidi also urged the public to facilitate the department’s conservation efforts by reporting the deaths of protected wildlife first instead of uploading photos of dead animals on social media.

“Don’t beg for thousands of likes and comments, before notifying the authorities, ” he said. – September 30, 2017.


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