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Dakar, July 9 (APS) – The appeal of the mayor of Dakar, Khalifa Ababacar Sall in the case of the cash advance of his mayor, opens this Monday before the Court of Appeal while the ECOWAS Court of Justice has held in a recent judgment that it did not have a fair trial in the first instance.
The Dakar Criminal Court sentenced Khalifa Ababacar Sall on March 30 to 5 years in prison for fraud in connection with the case of the management of the advance cash of the city of Dakar for which the city councilor was prosecuted along with 7 other employees.
The Criminal Court sentenced Mbaye Touré and Yaya Bodian to the same penalty for "fraud on public money".
Fatou Traoré was sentenced to two years in prison, six months of which were in prison, and Ibrahima Yatma Diaw and Amadou Makhtar Diop were sentenced to two years' imprisonment, each of which was one year in prison.
The mayor of Dakar was released on charges of "misappropriation of public funds", "criminal conspiracy" and "money laundering".
They were all tried for embezzlement of public funds about 1.8 billion CFA francs in the so-called case of advance funds of the mayor of Dakar.
The judge also dismissed the State's claim for compensation, citing the fact that "the principle of the uniqueness of the funds, nor the discredit" on the state can not justify such a request.
The mayor of Dakar was also sentenced to pay a fine of 5 million FCFA for the offenses of forgery and use of forgery in commercial writing, forgery and use of forgery in administrative documents and swindle on public funds.
The accusation that is worth to Khalifa Sall and Co. a trial started from an audit report conducted in 2015 by the General Inspectorate of State (IGE).
Being particularly interested in the "cash advance" of the town hall, the investigators had made the observation that it was supplied up to 30 million CFA francs per month between 2011 to 2015 for the purchase of millet and rice from a group of economic interest (GIE) called Tabbar.
The report revealed invoices provided by Mbaye Toure, administrative and financial director of the Dakar City Council and manager of the advance cash register, as well as the minutes of receipt of these goods.
To the investigators, the president of GIE Tabbar declared that his company had not existed for several years and that he had since converted into the sale of Touba coffee.
On the basis of the record, Khalifa Sall and his accused have been placed under mandate since March 7, 2017 by the senior judge for including "criminal conspiracy, embezzlement of public money fraud on public money, false and use of forgery in administrative documents, complicity in forgery and use of forgery "
Khalifa Sall has always considered that the advance fund raised political funds, putting the legal proceedings on the count of political adversity. Khalifa Sall being seen as a potentially serious opponent for the re-election of Macky Sall in 2019.
In a recent judgment, the ECOWAS Court of Justice, a community court, found that the mayor of Dakar was not entitled to a fair trial at first instance.
It condemned the State to pay him the sum of 35 million CFA francs.
This decision follows the seizin of this regional court by the detainees Khalifa Sall et Cie for cases of violation human rights they allegedly suffered in the course of the proceedings initiated against them in relation to the management of the city of Dakar.
At a press conference, the mayor of Dakar's lawyers argued that '' the state must execute '' voluntarily '' to the extent that the judgment is binding from the day of its pronouncement. hardly see the leaders incur 10 years hard ''.
They asked the Dakar Court of Appeal to order the immediate release of their client ''.
The document brandished as the judgment of the Court of Justice of ECOWAS is "an excerpt of the plumitif" unsigned by judges, said Saturday, Me Moussa Felix Sow, lawyer of the Senegalese state in the case of Khalifa Sall, former president of the Bar Association
"The document which is brandished as the ECOWAS Court of Justice judgment, is in fact an extract the plumitif that is not signed by any of the judges who are supposed to have rendered [l’arrêt]"he said, on behalf of the Collective of State Attorneys on the Khalifa Sall et Cie case. a scrum.
"It should be noted that so far this decision is not always available, although commented and interpreted for a week," hammered the former president of the Bar Association.
[19659002] The document does not give, according to him, "any indication on the arguments and the motivations having been retained by the judges and does not allow, without extrapolation risky, no critical analysis, nor any hasty decision".
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