The trial of imam El Hadj Amadou Barry continued on March 14, before the Cona-Cris Court of Appeal. The hearing was devoted to pleadings and requisitions.
After having completely denied the accusations of rape of a minor at first instance against the teenager Djénè Kaba, El Hadj Amadou Barry decided to confess during his appeal trial. The imam admits to having had “consensual sexual relations with my lover” which led to a pregnancy. This change of version does not convince the civil party. Me Lazare Gbillimou thinks that the accused is simply trying to get out of the clutches of justice: “He is used to the facts, he did it with so many girls before coming across Djénè Kaba. He apologizes to obtain clemency from the Court. »
The lawyer asks the Court to confirm the sentence imposed on the accused at first instance: “The victim, Djénè Kaba, today sees her life turned upside down. She is sent away from the family, she is in Kankan because her father does not want to know anything about her. Confirm the decision taken at first instance. » For the civil interests of the plaintiff, Me Gbillimou asks the Court to review them upwards: “He made an abusive, fanciful call just to amuse the gallery, order him to pay 300 million Guinean francs”.
The public prosecutor also requires confirmation of the sentence handed down by the Mafanco ICC against El Hadj Amadou Barry: “The accused, as an imam, had to serve as an example, instilling values in society. But he took advantage of his position to defy the prohibitions and transgress the law. Today, it is very difficult for the victim to rebuild themselves. He could have taken a heavier sentence because of the aggravating circumstances,” explains the general prosecutor, Joséphine Loly Tinquiano.
For Me Victorien Théa, his client was in no way guilty of rape. He maintains that Djénè Kaba agreed to be in cohabitation with El Hadj Amadou Barry: “The girl was not as minor as we want people to believe. At the time of the events, she was 15 years and 6 months old, she fought to be my client’s common-law partner. It was never rape, there was never any violence or coercion. The girl never reported the act, on the contrary, she came back to act out with him several other times. » He asks the Court to sentence his client on the basis of the Children’s Code: “At first instance, the facts were not judged in accordance with the law. This is why we are here. He had a consensual sexual relationship with a minor over 15 years old who had not been emancipated by marriage. In this case, the Children’s Code provides for a maximum sentence of 2 years. Sentence him to time served, because he is a first offender. »
The accused asks the Court to allow him to regain his freedom so that he can take care of “the child resulting from this pregnancy and other members of my family. I will never make a mistake like that again. »
In 2021, while the battle for control of the great mosque of Yimbaya rages, El Hadj Amadou, imam, is accused of rape of a minor. He accuses his competitors of having hatched “this plot” to remove him from the imamate. But he will end up being arrested and imprisoned. He was tried and sentenced at first instance to 15 years’ imprisonment and payment of 100 million Guinean francs.
On March 28, the Court of Appeal will deliver its decision in the case which has captured the attention of many Guineans.
Yacine Diallo
2024-03-14 16:18:49