Khalifa's appeal lawsuit: Demba Kandji settles on August 30

On August 30, the Court of Appeal will give its verdict in the case of the cash advance of the mayor of Dakar. Yesterday, after requesting confirmation of the first judgment, the Attorney General thought that civil party constitutions may not be excluded.

In the Khalifa Sall and Co. appeal trial, the judge yesterday set the date deliberate to August 30 at 10am. The Attorney General requested confirmation of the judgment rendered at first instance, that is to say 5 years in prison and a fine of 5 million FCFA against the deputy mayor. On the other hand, the representative of the public prosecutor's office considers that civil party applications may not be excluded. Thus for the compensation of the damage suffered, Lansana Diabé Siby asked the Court to allocate to both the mayor and the State of Senegal the amount that was pronounced by Malick Lamotte. "Certainly, in the principle of good governance the state has a right of scrutiny over the resources of communities, but there are the funds of the state and the funds of local authorities," he says. However, the prosecutor remains convinced that the offenses retained by the first judge are "perfectly valid" because, he says, "we did not need to use false certifications, false acknowledgments of receipt, "false invoices" to justify the disbursement of an amount. He started by commenting all the noise that accompanied this trial. "It's a very heated trial, where justice has been mistreated, the judges mistreated. What is important to us is the stoicism that we always carry out in the exercise of our functions. It is not up to us to go to the radio or television to please one party or the other, "said the Attorney General. No doubt an allusion to its publicized output on the application of the ECOWAS judgment

Me Ibrahima Diaw: "The State did not suffer any prejudice"
Previously, the lawyers of the mayors who consider themselves "the real civil party" have argued the inadmissibility of the constitution of the State of Senegal. "To claim a constitution, one must directly or indirectly suffer prejudice. The state has not suffered any prejudice. The state that initiated the prosecution has no place (in this case) because the sums claimed do not belong to it. The cash advance is a fund that is composed only of revenue specific to the city of Dakar, "defends Me Ibrahima Diaw. In his pleadings, he indicated that the Constitution recognizes territorial communities autonomy of management and operation. Citing article 2 of the Code of Territorial Collectivities, the Dakar city attorney pointed out that these "are freely administered by councilors elected by direct universal suffrage". Mr. Diaw accused his confrères committed by the State of wanting to create "the confusion by evoking endowment funds, cash advances and rebates."

Me Gaye: "Me Ousmane Sèye wore a dress brown for to spout nonsense "
Last Friday, the lawyers of the town hall had been accused of" defense-civil party "by Mr. Ousmane Sèye. This Monday, Me Ousseynou Gaye took the reply to his colleague, political and close to power. "He wore a brown dress to cheat on nonsense. He does not have the monopoly of insult. I did not notice any valid legal argument for everything he said, "he says. Recalling the Court of Justice's condemnation of ECOWAS to pay 35 million FCFA to the defendants, he described the lack of implementation of this decision as "shame" for our country. "Are you a civil party?" It was through this question that Judge Demba Kandji called Mr. Gaye. The lawyer responds in the affirmative and insists: "I say my feelings about everything that is done. And I am ashamed for my country. "On the presence of the judicial officer of the state at the trial, he puts him in the account" reasons of a political order. "
Moreover, Mr. Gaye said that he would be convinced that "this trial is not political" if "the State triggered a procedure in the case of the scandal of Prodac where it is about 29 billion CFA francs". The lawyers of the receivers, municipal tax collectors, for their part, asked for the confirmation of the correctional judge who pronounced their release, because for My Moussa Sarr and Mamadou Guèye Mbow, Ibrahima Touré and Mamadou Oumar Bocoum "fulfilled their obligation of control of the coins ". At the end, he was returning to the defendants, called alternately to speak their last words. Yaya Bodian concludes: "We are the collateral victims of a fight that does not concern us."
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