The sitting of June 4-5, 2015 saw them arguing that the accused be declared not guilty.
The trial at the Yaounde-based Special Criminal Court, SCC, of four people accused of embezzling FCFA FCFA 458.4 million from the Douala Ports Authority, PAD is gradually nearing completion. The sitting of June 4-5, 2015, was focussed on listening to the final submissions of counsel for the accused – Tsimi Enyegue Patrice, Dayas Mounoume Jean Marcel, Essomba Eloundou Arsène Lezin Marie and Agbor Manguieb Abel. The civil claimant had presented its case before.
Revisiting the definition of ‘embezzlement’ and ‘public funds’, the lawyers sought to prove that what their clients did could not be qualified as embezzlement according to Article 2 of the Special Criminal Court’s jurisdiction and rules of carrying out investigations. The manner the case has been prosecuted is full of mix-ups, reason why the accused should be declared not guilty, they argued. In the opinion of the lawyers for the accused men, it was inadmissible for their clients to remain in prison custody for almost two years, citing as reason Examining Magistrate Law No. 9 Subsection 3 as proof. “Is the Examining Magistrate still playing his role? Does SCC convict innocent people?” questioned one of the defence lawyers.
Citing the example of the Bible which recounts the story of Jesus Christ’s unfair trial and conviction, he urged the court to be different. According to one of the defence counsel, Barrister Emmanuel Ngouen, after they had finished pleading their case, it was left now left to the court to study the submissions of the prosecution and defence to make its ruling. Tsimi Enyegue Patrice, a businessman, Dayas Mounoume Jean Marcel, former Douala Ports Authority General Manager, and two other former staff, Essomba Eloundou Arsène Lezin Marie and Agbor Manguieb Abel, were charged with embezzling FCFA 458.4 million. The alleged illegal payments were made between 2009 and 2010 on behalf of While Nile Corporation, WNC, a service provider at the port.
The origin of the alleged embezzlement dates back to 1998 when government restructured the management of sea ports in the country. This resulted in the creation of the Douala Ports Authority, Limbe Ports Authority, Kribi Ports Authority and the Garoua Ports Authority; all in replacement of the defunct National Ports Authority of Cameroon, ONPC. Under the reforms, the use of tug boats to enable ships berth and take off, was withdrawn from DIT International and Rebonarde by former DPA General Manager, Alphonse Siyam Siewe and handed to two companies as part of the privatisation process of ONPC’s activities as required by the new order. The first accused, Tsimi Enyegue Patrice, reportedly signed the termination of contract on behalf of Rebonarde. Problems allegedly began when the liabilities of DIT International were transferred to White Nile Corporation, WNC, while those of Rebonarde went to Cyker Line Shipping.
Not happy with some aspects of the arrangement, the Douala Port Authority management took the matter to court and eventually lost in the Paris, France Court of Appeal. The new DPA management under Dayas Mounoume Jean Marcel, took the matter to its Board of Directors, which agreed that the fine of 913,000 US Dollars (about FCFA 458 million), be paid. A DPA team was then set up to draw up a draft agreement for paying the fine, beginning with the main amount; while payments of interest and losses were to follow later. Though the Board ordered payment by DPA of the fine beginning December 2008, it was only from September 2009 that an agreement was finally reached with the civil claimants.
