CHARLES T. ZIECHE AND DEPARTMENT OF GAME AND WILDLIFE [2001]DLCHRAJ6032

Date	2001-02-22
Suit No.	Our Ref: CHRAJ/446/99/691
Citation No.	[2001]DLCHRAJ6032

BENJAMIN KOPPONG

[2001]DLCHRAJ6032
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B050">CHARLES T. ZIECHE <o:p></o:p>(COMPLAINANT)<o:p></o:p>AND<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B050">DEPARTMENT OF GAME AND WILDLIFE <o:p></o:p>(RESPONDENT)<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

<p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">(CHRAJ)<o:p></o:p>

Our Ref: CHRAJ/446/99/691&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 22/02/2001<o:p></o:p>

</div>commissioner:<o:p></o:p>BENJAMIN
KOPPONG DEPUTY COMMISSIONER (LEGAL/OPERATIONS) FOR COMMISSIONER<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">

<p class="MsoNormal" align="center" style="text-align:center;mso-pagination:none;
border:none;mso-border-bottom-alt:solid windowtext 1.5pt;padding:0in;
mso-padding-alt:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">DECISION<o:p></o:p>

</div>The
Complainant, a Technical (Game) Assistant, served the Respondent from 1st
October, 1973 until 31 January, 1978 when he was dismissed for an alleged
poaching or abetment of poaching of a leopard. According to the complainant, in
the evening of 29th January; 1978 write feturning to his Palma Camp of Mole -
National Park, Damongo from Larabanga Village with 2 other colleagues, he
challenged a man carrying a sack. The man suddenly threw away the sack and
bolted. They retrieved the sack and on inspection, they discovered a fresh
leopard skin inside. They took the sack with the leopard skin to the camp with
the intention of making report to their headquarters in the morning. However,
as soon as they arrived at the camp they were informed of some poaching
activity going ortálong Sawla-Larabangu road; they were therefore obliged to go
on patrol. While on patrol the Senior Game Warden led a team which searched the
complainant's room and took the sack and leopard skin to Headquarters. All the
same, after the patrol, the Complainant and his colleagues went to make a
report as planned. He protested his innocence and claimed he was not given the
chance to defend himself before his dismissal. Consequently, he appealed to the
Commission to have him re-instated.<o:p></o:p>The
Respondent's defence was that the Complainant, who was originally stationed at
Kalakpa Reserve near Ho, Was transferred to the Mole National Park near Damongo
at his own request. At this new station, the Complainant was put through
various training programmes. Consequently, he acquired the necessary. Skill for
combating poachers, as well destroying dangerous animals such as the buffalo,
the elephant, the leopard and the lion whenever the need arose. According to
the Respondent, the Complainant misused the skill he had acquired by aiding and
abetting poachers and had, in consequence, done irreparable damage to the Mole
National Park said to be the country's most developed wildlife conservation
area. In 1978, the Complainant and 3 other workers were dismissed for gross
misconduct including aiding and abetting the poaching of a leopard, the skin of
which was discovered in the Complainant's room, still fresh. The Respondent
alleged also that the Complainant and the 3 others were dismissed because:<o:p></o:p><ol style="margin-top:0in" start="1" type="1">
 <li class="MsoNormal" style="text-align: justify; line-height: normal; border: none;">They failed to prove (to the
 investigators) beyond reasonable doubt that the leopard skin was
 confiscated from an escapee poacher.<o:p></o:p></li>
 <li class="MsoNormal" style="margin-bottom: 5pt; text-align: justify; line-height: normal; border: none;">they also failed to
 convince (the investigating team) beyond reasonable doubt that the leopard
 skin was not that of a leopard killed within 10 minutes walk from the
 Complainant's camp.<o:p></o:p></li>
</ol>The
Respondent stated also that the Complainant's summary dismissal was right and
proper and in accordance with directives diven by the Chief Game and Wildlife
Officer in his letter No. GW/A.09/vol.III/439 dated 15th March, 1977.<o:p></o:p><p class="MsoNormal" style="margin-bottom:5.0pt;text-align:justify;text-indent:
1.2pt;line-height:normal;mso-pagination:none;border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;
mso-border-shadow:yes">The
Commission has studied the various documents including the 2 reports prepared
by Messrs. Yiadom Boakye Preprah and S.E.P. Stopfords, both Senior Game Rangers.
The Commission found as a fact that the poaching incident that led to the
Complainant's dismissal indeed took place, and that investigations were carried
out before the dismissals. The investigation reports vividly described the
time, the area and the mode of operation. All that therefore with the discovery
of the fresh leopard skin hidden in the Complainant's room led to the
Respondent's conclusion that the Complainant was involved in the poaching.<o:p></o:p><p class="MsoNormal" style="margin-bottom:5.0pt;text-align:justify;text-indent:
.45pt;line-height:normal;mso-pagination:none;border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;
mso-border-shadow:yes">The
Commission also found that the Respondent relied on the directives contained in
their quoted letter No. GW/A.09/Vol.III/439 to dismiss the Complainant, the
letter which was dated 1</main>