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Judge Kandji does not intend to stop the prosecution of Khalifa Sall. He has just joined the motion for annulment of the report of the inquiry filed by the defense as well as the inadmissibility of this request formulated by the prosecution in the merits. He said he relied on Article 446 of the Code of Criminal Procedure (CoP). A decision that is not to the taste of the defense. She "left court irrevocably."
Once this decision was made, the audience showed its disapproval. "Demba Kandji corrupted," she chanted. the judge will evacuate the room.
It should be recalled that the ECOWAS Court of Justice has held that the right to counsel, among others, has been violated on the basis of Article 5 of the UEMOA Rules. . The latter was transposed in the Cdd of Senegal in Article 55. Who says: "The judicial police officer informs the arrested person of his right to consult among the lawyers registered on the board or admitted to an internship. Mention of this formality is made obligatorily on the minutes of hearing, on pain of nullity ". For this purpose, the Attorney General in his th indictment asked the judge to cancel part of the proceedings based on Article 168 of the Cpp. Who asserts that "" The Assize Court, the correctional or ordinary police court may, the Ministry and the parties heard, annul acts it considers null and determine whether the annulment must extend to all or part of the subsequent proceedings
When it cancels certain acts only, it must expressly exclude them from the proceedings. If the nullity of the act entails the nullity of the whole subsequent procedure, it orders an additional information if the nullity is repairable or, if it does, it removes the public prosecutor's office.
The parties may waive these nullities when they are enacted only in their sole interest. This waiver must be express. "
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