TWO journalists arrested for trespassing in a marine protected area were found guilty and fined N$5 000 each in the Swakopmund Magistrates’ Court on Friday.
The court appearance and sentencing followed South African filmmaker Bart Smithers’ and British investigative journalist Jim Wickens’ arrest on Thursday while they were filming Namibia’s annual seal cull at the Cape Cross Seal Reserve.On Friday both journalists pleaded guilty to a single charge of trespassing in a marine protected area, with a stipulated fine of N$500 000 or 12 years imprisonment under the Namibian Marine Resources Act.Magistrate Harris Salionga said their offence was ‘very serious’, but because it was their first offence, they were fined N$10 000 each, of which N$5 000 was suspended for five years, or 12 months imprisonment of which six months would be suspended for five years, with the condition that they are not found guilty of the same offence during this period.’Considering the large penalty under the Namibian Marine Resources Act, it shows that our legislation goes to great lengths to protect our marine resources and marine areas,’ Salionga said. ‘We take what you did as very serious, but this being your first offence and because of your mitigating circumstances, we have decided to penalise you with this.’Smithers and Wickens paid the fine and left Namibia.The two journalists were represented by Ray-wood Rukoro, of Lorentz Angula Attorneys, with Prosecutor Hermiena Appolus representing the State.In the meantime, although Police claimed to have deleted all the footage taken by the two reporters, some footage managed to ‘escape’ and will now be aired by Associated Press world-wide.It is believed that the footage shows that the seal cull is not being done according to prescribed regulations. It is alleged that clubbed seals are not stabbed immediately afterwards to ensure their deaths, which is the prescribed culling method.
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