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Advocate General Lansana Diabé Siby confirmed yesterday Judge Malick Lamotte who sentenced Khalifa Ababacar Sall to 5 years in prison and fined 5 million Swiss francs. In his indictment, the prosecutor demanded confirmation of the sentence. The mayor of Dakar will be built on August 30.
At first instance, after rejecting all the defense's objections, Judge Malick Lamotte sentenced the deputy mayor of Dakar to 5 years in prison. In addition to this sentence, the judge imposed a fine of 5 million francs. Not agreeing, his lawyers had appealed and the case was retried before the bar of the Dakar Court of Appeal. However, the Advocate General, in his indictment yesterday, asked the appellate judge to confirm the sentence handed down at first instance. Prosecutor Lansana Diabé Siby, since this is him, regretted the fact that the respondent and his supporters have shunned the case. But, he adds, it is their most absolute right. It must be respected and draw all the consequences. Returning to the merits of the case, the Advocate General considers that the main debate revolved around the nature of the funds in advance. According to him, the specificity of the fund gave the impression that he was facing political fundamentals. "Political funds are paid by law. We are very comfortable to say that this fund in advance is instructed by the mayor's decree. By creating this fund in advance, the bylaw also created the operating conditions of the said fund. On the basis of simple justification, the receiver can disburse the funds. But the only problem is the justification of the coins that were used for disbursements, "he said. He adds: "No one has denied the facts. The instrument that has been used is the Gie Tabaar, a structure that no longer exists. One can not understand that the structure makes a supply, that this supply is certified by a whole chain on the basis of false invoices, to disburse every month 30 million ". According to the Advocate General, the offenses which were retained by the first judge are valid and the law has been applied.
The details of Me Diaw, lawyer of the city of Dakar
To support his remarks, the prosecutor pointed out that management autonomy does not exclude state control in the management of public affairs. "The local community runs public affairs. If the State has managed to send its inspectors, it is for this good governance, transparency. He has a say in all communities and all those who manage public money, "he said. Previously, the lawyers of the city of Dakar had taken the floor for their argument. And it is Me Ibrahima Diaw who opened the ball. He began by stating: "After the oral argument of the State Judicial Officer and the Councils, some had said that a second defense was being formed. Since the city constituted me, I did not meet any of the defendants ". Continuing, the dress said: "A person who claims to have been a victim asks for compensation. The whole question is to know what the state of Senegal can ask for compensation? The people who can be constituted are those who have suffered directly or indirectly. The harm is conceived as the damage caused by others in a voluntary or involuntary way. In his pleading, the lawyer asked himself the question of why the city of Dakar is the result of the law on decentralization? To answer this question, he will say that "the main purpose of this law is to give communities the autonomy of free administration. And these principles are enshrined in our constitution. Our constitution recognizes the territorial collectivities moral personality, recognizes them autonomy of management and operation. There seems to be confusion between the state and the law. According to him, the state can not claim these sums even though they do not belong to it. Because, he argues, following the constitution, the Code of Local Authorities, in its article states: "local authorities are endowed with legal personality and financial autonomy. They are freely administered by councilors who are elected by direct universal suffrage. "
Me Diaw: "We have confused the uniqueness of the case of the budgetary universality"
"And no one can deny that the city of Dakar is a local authority. The law grants her own recipes that she manages independently. The cash advance which is at the origin of these lawsuits is a cash advance which is composed only of revenues that are specific to the city of Dakar, "he said. To convince the appellate judge, the black dress argued that in criminal matters, someone can not say that he has been defrauded on sums that do not belong to him. "The state has no place here because the amounts claimed do not belong to it. It is not liberalities of the State which serve to the operation of the advance fund. The uniqueness of the box of budgetary universality has been confused. (…) Even if the State recovers money on behalf of the local authorities, it is obliged to return them to the said communities. The funds of the advance fund are funds that belong exclusively to the city of Dakar. Because, these funds are fed by the resources of the city of Dakar. The city of Dakar is justified in becoming a civil party because these funds that are incriminated come from its own resources. Only the mayor is the representative of the local community. Nobody can give you texts that today validate the constitution of the State of Senegal, "he concluded. Speaking after him, Mr. Jean Silva recalled: "It was said in this room 4 of the courthouse of Dakar that it is the accused who introduced the State of Senegal in this procedure. Such statements are contrary to the facts. Whoever introduced the State of Senegal in this procedure is the senior judge. The money in question here comes from the cash advance of the mayor of Dakar. The state does not even have the right to be a civil party. If the state does not own the misappropriated funds, it has nothing to do here. Thus, he asks to note that the sums were defrauded were given to the mayor by the mayor of Dakar. "If these sums have been cheated, it is to the detriment of the mayor of Dakar. Ineligible for the constitution of civil party of the State of Senegal, "he said. However, the case was put on trial for judgment to be rendered on August 30.
Sheikh Moussa SARR
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