2024-05-13 23:12:51
FB Ndao was brought before the criminal court on May 13 for breach of trust involving precious jewelry worth 300 million FCFA.
It emerged from the hearing discussions that the complainant, F. Ka Diop, the magistrate of her state, gave 2 bags and a seal (box) in excess of 70,000 euros about 50 million FCFA to her neighbor whom she respects like her daughter. which she established. a lifelong friendship with her mother. The reason for this postponement is based on a trip that the civil party had to make to Canada to visit his daughter. With these various discounts, F. Ka did not know that she would lose her personal assets forever. After serving as a judge at the Dakar Court of Appeal, F. Ka explained to the investigation that he tried many times to contact his neighbor but she remained unreachable and silent for a long time. The retired judge asked that it was not visible that there were 5 kilograms of gold in the bags and the seal among other jewels with diamonds as well as currency in euros which the accused contested for her. According to F. Ka, the heritage consists of local jewelry from the Ivory Coast, Saudi Arabia, Egypt, etc. It also appears from the investigation report that the first surrender was made in 2017 and the civil party blindly trusted the defendant because of her friendship with her late mother. In her statement, F. Ka testified that she gave the bags to FB Ndao so that she could deposit them in the bank in her late mother’s safe.
Questioned before the court, the defendant FB Ndao wanted to provide clarifications by stating that she received bags from the complainant but did not know what they were. “I was given closed bags. I found some items but I didn’t know what they were. She gave me 2 bags and a bucket which I placed to keep my personal belongings. », indicated the defendant who claims he lost sight of the luggage while moving in 2018.
“I myself lost valuable jewelry when I moved. I am ready to return the 70,000 euros she is talking about. », the defendant added.
With the help of Me Pape Leïty Ndiaye and the Cabinet, the civil party demanded the symbolic franc for all causes of damage together. As suggested by the magistrate, FB Ndao did not return the property and wanted to avoid this obligation.
“The defendant did not testify to his allegations. In this case, if Ms. Ka, we wouldn’t make it this far. It was because she played the right role that there was a complaint.
If you have a husband who has run a multinational for 20 years, you have the right to have money and buy jewelry. She has some and entrusted them to the woman because she trusted him and she had to go to Canada. FB Ndao wanted to avoid the obligation to compensate. », expressed Me Pape Leïty Ndiaye et Cie. According to the civil party’s lawyers, these are long-standing savings that the defendant has abused as she pleases.
“It’s 40 years of stolen economy and livelihood. She knows very well that it is jewelery and money that Ms. Ka di since she admitted that there were documents in the luggage. We cannot partially recognize the surrender of jewelry and have a dispute at this time. », the lawyers noted.
“The accused did not respond to several questions from the complainant for a year. She said she was absent during this entire period. It is because she is afraid of reality that she created this story of ”I didn’t know what was in the bags”. Ms Ka tried to compile the list. », explained the pool of lawyers who requested 300 million FCFA for each cause of damage.
In his plea, the defense began by clearing up the ambiguities. According to her, the bags and bucket given to her client were completely different from the documents recovered from the complainant as well. She states that 2 bags and a bucket were placed on her client without revealing the contents. The indictment was assisted by a pool of lawyers consisting of Me Moussa Sarr, Me Bamba Cissé, Me El Hadji Amadou Sall and Co.
“Bucket and 2 bags that we did not qualify, we do not claim them but we claim the material which we consider to be 300 million FCFA. It’s crazy,” claimed one of the counsel, who asked that the defendant be released if the law was not applied favorably to her.
His colleague shows gray areas in the file.
“The civil party could have informed us about a billion. If she handed over gold and silver, she must prove it. There must have been objective elements that would support the statements of the civil party which is not the case. Morally, we can say whatever we want, but criminally, what can we say? My client, on the contrary, was excellent because she offered to return 70,000 euros. She did not say that she received any money but that she was willing to return the money. It is for the prosecution to determine the relevance of the facts. This is an impossible offense because the true element does not exist. Give her the benefit of the doubt,” the council said.
For me Bamba Cissé, in this case, it is a question of declarations against declarations.
“The question of the composition of the offense and the contents of the bags are discussed. Is it the fault of the victim in this situation with all due respect? She has the right to be rich but she does not have the right to manipulate these currencies, it is forbidden by law. She gets in trouble for entrusting FB Ndao with the money for 7 years without asking for it. A lack of transparency emerges,” said Mr. Cissé before moving on to the jewelry requested of his client.
“Is this gold and jewelry she’s talking about certified?” What is the consistency of this gold? Regarding the diamond, have you given any proof that it is indeed a diamond? She cannot take advantage of her own turpitude. On what basis are we going to establish the damage to say that the woman embezzlers removed 300 million FCFA? », asked the lawyer who invites the court to dismiss FB Ndao from the prosecution. Me Moussa Sarr comes to comfort his colleague.
“The basic question that arose for us was what were in these bags? There is a discount but it ignores the content. Look at the PV on April 29, 2024, you will see no indication on the phone exchanges that my client knew the contents of the bags. Actually, the PV confirms the statements of FB Ndao who claimed that he never knew what was in the bags. Of course, she did not open them and this is what is in accordance with the law in accordance with the codes of criminal obligations. In this case, the thing received is not in kind. See 514 of the code of civil obligations, it is an irregular filing hence we are no longer in the criminal area but in civil matters. Therefore, there is no violation. », said Me Moussa Sarr who also considers that there is ambiguity in the activities of the magistrate.
“Morality for morale we have no lesson to learn. Why were those currencies not kept in the bank and not given as a deposit? There is a significant lack of transparency,” said the lawyer. Me Amadou Sall also agreed in the same direction by asking for the release of FB Ndao.
The case was adjourned until May 27…
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