2023-11-09 20:23:08
As part of the Public Prosecutor’s Office’s trial against the company IAM Gold Essakane in the Fine Coal case, the lawyers spoke this Thursday, November 9, 2023 at the Ouagadougou High Court (TGI Ouaga 1).
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This Thursday, November 9, 2023, the report of the legal experts was questioned by the judge. The questions were mainly about the scientific procedure and methodology used by the forensic experts. In the debates, the judge does not seem satisfied with the work of the legal experts. As part of this trial, several experts intervened.
To this end, the judge authorized the parties to be assisted by any technician who can help in the process of revealing the truth.
Me André Ouédraogo, lawyer for the Burkinabè State, made it clear that in the search for the manifestation of the truth, the court can call on any jurisdiction. “ Expert reports are not gospel truths. This is for information purposes only. This is to allow the judges to make their decision “, he noted.
He recalled that at the start of the trial in 2019, the defense lawyers requested that Professor Arsène Yonli’s expert report be canceled and removed from the case. On the other hand, according to him, anyone can intervene to provide elements of answers for the manifestation of the truth.
“These are scientific debates. Not all the questions relate to findings and expertise, but there are questions about the scientific approach. The court is not bound by any expertise. The explanations provided by the experts will allow everyone to comfort themselves in their search for truth on quantities and qualities,” underlined Me André Ouédraogo.
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However, Me Moumouny Kopiho, one of Essakane’s lawyers, returned to the appointment of an expert. For him, an expert must be appointed by the judge.
« Legally we see no consequence in the manifestation of the truth. It’s science, I don’t think anyone can come and lie. Yonli (Prof. Arsène: expert commissioned by the prosecutor) can intervene to provide scientific and technical insights. An expert is appointed by the court. There is a whole procedure concerning the appointment of an expert “, he indicated.
The defense lawyer returned with the history of the so-called fine coal affair. “ Nothing surprises us anymore. Let’s do the history. At the beginning there is a denunciation. The national anti-fraud brigade (BNAF) came and observed it and a report was drawn up. BNAF said there is no fraud. Customs concluded that there was no fraud.
The attorney general was seized of the case and said that despite everything, an investigation must be opened with the public prosecutor’s office. They opened the investigation to the prosecution without evidence. This is where the expert Yonli was appointed and the customs officer Nana. They produced the report to say that there was even massive fraud. They said it’s not fine coal, it’s camouflaged gold “, he recalled.
Me Moumouny Kopiho, one of the lawyers in Essakane
Listening to him, this is how the judge chose experts to examine the seized cargo. He specified that at the end of the work, the experts affirmed that according to the declarations of Essakane, the fine coal content there is a shift of 10 and 12% lower.
For Me Moumouny Kopiho, this analysis does not allow us to accuse the mine, which is how the prosecution brought back “ their expert who said there was massive fraud ».
« Why did Essakane spend a billion francs to carry out an assessment that comes and refuses you? The law says that the experts come and present their report and answer the parties’ questions on the points of their report. We don’t expect anything anymore. But, we are calm because we know that there was no fraud “, did he declare.
The hearing was adjourned for Monday, November 13, 2023 at 9 a.m. at the Ouagadougou High Court (TGI Ouaga 1).
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