2024-02-19 07:58:51
Get real-time updates straight to your device, subscribe now.
Prosecuted for acts of defamation through the press, by Dr Ousmane Kaba, Alhoussény Makanéra Kaké, was this Thursday, February 8, 2024, before the Dixinn first instance court. But it must be remembered that the debates had already been opened in this case by Judge Simanka who had of course been requisitioned by the accused, but because of the recent transfers of the different magistrates in all the courts, the new president of the court ordered the reopening of the debates, since they (magistrates of the seat) do not know about this case. At past 2 p.m., as soon as the file was called, it was immediately sent back by Mrs. Damba Oularé, president of the court for the opening of the debates. But long before, exceptions were raised in the room by the opposing parties in this case following the request for referral requested by the prosecution which does not yet have total control of the file. Alhousseny Makanéra Kaké, who had been there since 11 a.m., was opposed to this request for dismissal, which he found to be too much. He in turn requested that the debates be opened today.
“Madam, I would like, with your permission, to know my problem now. I’ve been waiting since 11 o’clock, it’s been 5 times I’ve come and passed by. With your permission, I would like us to begin the debates. I am a father of a family, I have responsibilities so if I am summoned, once, twice or up to five times we cannot hold hearings, it weighs on me and on the family and the education of the children. . I wouldn’t want to regret it, it’s not good for me, it’s not good for society,” said Alhoussény Makanéra Kaké
The public prosecutor represented by Lamine Touré considered that the accused did not understand the position of the public prosecutor who is familiar with this case for the first time. “This case is at its first mention before this court in relation to this composition. I am human, I can understand that things have happened before and that these things are detrimental to you (…) But we obliged ourselves to follow the procedure,” he mentioned.
Me Ahmed Tiadiane Kaba, former president of the bar association who was appointed by the civil party, asked the president not to listen to the accused. For him if the file is still dragging, it’s his fault (Makanéra). “Exceptions Madam President, I’m a little shocked. To hear the defendant, there were requisitions in this case, who challenged Judge Simankan from the start? He was challenged by the defendant. If the file drags on, whose fault is it? Since during this time the courts had not contacted a magistrate to know the merits of this case and he who knew it was challenged by the accused who is free and which is a chance instead of ‘be detained. (…) tpiSo I tell you Madam President, do not let yourself be distracted by the behavior of the accused. I am coming to this file for the first time (…) You must know the ins and outs of this file because the procedure would be that when there are transfers of magistrates and they come to find files which they inherit , to render justice just and equitable, it goes without saying that magistrates are impregnated with funds. Madam, I grant you this, you have the latitude to make the decision you want, we are legalists, we respect the law. Return it whenever you want (…) The file must be reopened again, it is the code of criminal procedure which requires it (…)”, indicated the lawyer of the civil party.
Subsequently, Makanéra Kaké immediately responded to a passage from Me Kaba who said that it was even fortunate that the accused was not in detention. “Madam with your respect, I would like to address Mr. Kaba, if it were up to me alone, the hearing would have taken place, because this hearing had already started. And I would like to remind Mr. Kaba that it is not because I was cited, that does not mean that I have to go to prison. You can cite someone and you end up in jail.
It’s not because I was cited that it’s lucky. But when a magistrate speaks like that, I take the lead. It’s not lucky that I’m free, because the law doesn’t condemn me,” added Makanéra.
After listening to all parties for a long time, the court ended up sending the case back to February 22, for the opening of the debates again.
Christine Finda Kamano
622716906