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Master Jakubowicz and Master Szpiner will clash in Dakar in the swindle trial of presidential candidate Khalifa Sall
The very hot trial of the mayor of Dakar began, Monday, July 9 in appeal, its second round , taking for the occasion an international dimension. After being sentenced on 30 March to five years in prison and fined 5 million CFA francs (7,620 euros) for "forgery and forgery" and "swindle on public funds", Khalifa Sall is a Once again he entered the immense courtroom number 4 of the courthouse of Dakar dressed in white, under the cheers of his hundreds of supporters claiming his innocence.
See also:
In Senegal, opening of the Khalifa Sall appeal trial
If the mayor's supporters have since the beginning of the trial demonstrated their loyalty, they appeared Monday morning to redouble their fervor; the gendarmes outside the room struggling to contain the crowd. The reason for this renewed confidence: a decision of the court of justice of the Economic Community of West African States (ECOWAS). On 30 June, the court ruled that the rights of the mayor and his four co-defendants had not been respected during the trial judgment.
Race against the clock
On the excerpt of the plumitif signed by a clerk whom Le Monde Afrique was able to consult, the judge of the ECOWAS court of justice seized by the lawyers of Khalifa Sall in December considers that "the right to the assistance of a counsel, the right to the presumption of innocence and the right to a fair trial of the applicants were violated ".
The document also argues that " the detention of Mr. Khalifa Ababacar Sall, between the date the proclamation of the results of the legislative elections by the Constitutional Council and that of the lifting of its parliamentary immunity is arbitrary ". A period of August 14, 2017, when Khalifa Sall was elected deputy from his cell, until November 25, 2017. As compensation, the court of ECOWAS condemns the State of Senegal to pay the mayor and his co-accused the sum of 35 million CFA francs (52 700 euros).
Before the judge Demba Kandji who presides over the appeal, the defense of the mayor quickly tried to enforce this supranational court decision, without success. The lawyers produced an extract of the original and handed it to the judge and the public prosecutor requesting a referral of the hearing in order to await the publication of the final judgment of the ECOWAS court. Application dismissed by the judge. "I can not learn from this decision because it is not presently present in my file" he retorted, ensuring that it will take into account " as soon as it is made "
At seven months of the Senegalese presidential race, a race against the clock is engaged for the camp of the socialist Khalifa Sall. The person who is regularly designated as the main opponent of the re-election of Liberal President Macky Sall, may be a candidate until his conviction is confirmed in cassation. It is therefore necessary for the defense to gain time, to find procedural flaws in order to slow down this one by asking for referrals. What Judge Kandji refuses to grant after agreeing to postpone the debates for the first time
Two tenors of the Paris Bar
In this highly technical trial, with political ramifications, now presenting a regional issue, the two A few days ago, the camps recruited two tenors from the Paris Bar. On the side of the Senegalese state, civil party in this case, Francis Szpiner has risen to the bar. A lawyer for Central African dictator Jean-Bedel Bokassa, Equatorial Guinean President Teodoro Obiang and former Senegalese President Abdoulaye Wade, he also pleaded for TF1's former TV presenter Patrick Poivre d'Arvor Bernard Tapie. In the case of the caricatures of Mohammed published by Charlie Hebdo he defended the Paris mosque and represented the civil party in the Ilan Halimi case. Media lawyer, candidate of the right to the legislative elections in 2002 and 2017 under a label Rassemblement pour la République then Republicans, he also defends Henda Ayari and Mounia, two plaintiffs of the Tariq Ramadan affair.
On the side of the mayor of Dakar the services of the penalist Alain Jakubowicz were used. The lawyer of the man suspected of the murder of the young Maëlys in August 2017, Nordhal Lelandais, and former president of the International League against Racism and Antisemitism from 2010 to 2017, he became known by committing himself alongside of the Consistory Israelite of France during the trial of the former head of the Gestapo of Lyon, Klaus Barbie. He has earned a reputation as a champion of noble causes by pleading for the families of the victims of the fire of the Mont-Blanc tunnel in 2005 and those of the Rio-Paris flight in 2009. He also defended footballer Karim Benzema in the case of blackmail presumed to the "sextape" of Mathieu Valbuena in 2015.
"The supranational jurisdiction that constitutes the court of justice of the ECOWAS imposes itself not only on the States but also on the institutions, on you. You told us not to have this decision in your file, we are also in a denial of reality, as if this decision did not exist. It is trampling the most basic rights of the defense " hammered M e Jakubowicz again asking for the dismissal of the trial. But Judge Kandji remained deaf to the tenor and his defense colleagues who decided to leave the room under the shouts of supporters of the mayor, completing the first hearing of a trial that is already asserting its ferocity. 19659014]
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