SA DAGGA SMUGGLER WANTS PYTHON BACK

MBABANE – The South African man who was convicted of being found with dagga and a pet snake in his possession now wants the reptile back.

Erasmus Hugo (24), the owner of the albino Burmese python, has since taken a Mbabane Magistrate, National Commissioner of Police, Attorney General and the Director of Public Prosecutions to the High Court.
He is seeking an order that the python be released to him.

Hugo also wants the High Court to review and set aside the order of the Mbabane Magistrates Court that the snake be forfeited to the State.

Forfeited

The reptile was forfeited to the State after Hugo was found guilty and convicted of contravening the Game Act and for being found in possession of dagga.
Police had stopped his vehicle at Nkoyoyo during a roadblock when, during a search, they retrieved the two metre-long snake and the habit forming drug.

In his application he stated that on September 6, 2014 he came to Swaziland through Ngwenya Border  Gate with the albino python which was one of the pests he kept.

Charged

“While in the country I was arrested and charged with possession of the python under the Game Act, among other offences. I appeared before court on September 9, 2014 and was found guilty and remanded in custody,” he stated.

Hugo further submitted that on September 10, 2014, he was sentenced and the magistrate ordered that he forfeits the python to the State.
He said the prosecution had not applied that he forfeits the python and, therefore, he did not get a chance to make submissions on the forfeiture order.

“I have been advised and verily believe that before an order adverse to me is issued, I should be heard. This was not the case in my matter,” submitted Hugo.

These are allegations contained in an affidavit whose veracity is still to be tested in court and the respondents are yet to file papers.
He alleged that the albino python was not an indigenous specie of pythons as it was found in Asia and in that way he would not have hunted it in Swaziland.

Bought

“I submit that I bought the python from a pet shop over a year ago and it is now over a year old as it was less than two months old when I bought it,” he alleged.
He informed the court that he loved pythons and he kept six more besides this one and he took proper care of them.
Hugo told the court that as a non-indigenous specie he feared that the python might not adapt and will die.

“I therefore wish to have it back. When I came back into the country with the python, I was not aware that I needed a permit to be in possession of one and I will not bring it to the country without a permit again. I cannot afford to risk losing it as it is expensive to get one and keep it to this far,” he submitted.

Hugo said he was desirous of having the python back as it was his pet and he would suffer irreparable prejudice by not having it.
He is represented by lawyers from Dlamini – Kunene Associated in Manzini.

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