10 millions de « cadeau » à un juge, réquisitoire de feu du Procureur : les minutes du procès de Cheikh Guéye et Serigne Hady Sy
Entrepreneur Cheikh Guéye and his marabout, Hady Sy, appeared before the Dakar court of summary jurisdiction this Friday. The defendants are being prosecuted for criminal conspiracy and corruption. The defense sought to postpone the trial, but the public prosecutor firmly opposed it.
Replaced by one of his colleagues, Mr. Souleymane Soumaré, counsel for Cheikh Guéye, had requested a postponement. The court sought the opinion of the prosecution, which stated: "The prosecution firmly opposes the postponement. All the lawyers were present from the beginning. Therefore, they are ready to plead the case," the public prosecutor argued. Mr. Abdourahmane So, who also defends Cheikh Guéye, added: "I am not yet ready to plead the case." The public prosecutor stood firm. Mr. So retorted: "I cannot plead the case without my fees. It is my right," the lawyer insisted. After consulting with his assessors, the judge ultimately decided to proceed with the case.
The defense, when questioned, requested the appearance of the judge from the second chamber. The judge asked them to limit themselves to presenting the evidence in the case file. When questioned, Hady Sy, a Quranic teacher residing in Tivaouane, denied the charges against him. Cheikh Guéye, a businessman residing in Yoff, also denied bribing the magistrate.
Hady Sy explained: “Cheikh Guéye is my disciple. I have supported him since his arrest. As he is a businessman, I had the idea of initiating proceedings to have the electronic bracelet removed,” the marabout stated before continuing: “I went to meet with the judge of the 2nd chamber on April 7th. I told him that Cheikh had work abroad and asked him to grant permission to leave the country by removing the bracelet. The judge asked me to tell his lawyer to submit a formal request. I told him I would return with Cheikh Guéye. On April 13th, we went together. He received us around 7 p.m. We talked. Cheikh showed him his fertilizer business. He even appreciated it, saying it was in Senegal’s interest,” the defendant recounted. He added: “We left the office around 9 p.m.” "We left a gift of 10 million on the table that I advised Cheikh to give, because I noticed that the judge is a good man," said Hady Sy.
For his part, Cheikh Guéye stated: “It was voluntary. Hady wanted to meet with the judge. When we met, the judge told me he could remove the bracelet. It's within his prerogative. But he noted that the application date was June 4th. So it will be removed very soon. He asked me to have my lawyer file a request, providing the plane ticket,” Cheikh Guéye maintained. He continued: “Hady told me we had to give him a gift. I told him I couldn't give a gift to someone I didn't know. He told me to give him 10 million. So I took the money and gave it to Hady, who kept it in his bag. After our meeting with the judge, Hady put the money we had put in an envelope and a binder.” He told him it was a gift worth 10 million. We left around 9 p.m. Around 10:30 p.m., the judge called me four times. Since I didn't know his number, I answered. That's when Hady called me and told me to call back. I called him back. He said, “Mr. Guéye, I thought your gift was a watch. Since it's money, I can't accept it given the situation at our prosecutor's office.” He told me to come and get it. I told him to give it to Hady, since he was the one who had given him the envelope. He asked me to come myself. I went to pick it up the next day. It was on Thursday that we were summoned to the gendarmerie,” he recounted, specifying that he had no intention of bribing the judge.
The judge asked him why he hadn't instructed his lawyers to write to the judge requesting the removal of the electronic bracelet. Cheikh Guéye stated: "My lawyers had submitted a request, but the judge hadn't responded."
"They insulted justice..."
In his closing argument, the public prosecutor stated that the pair had decided to appear before a judge to bribe him. Prosecutor Ka reminded the court that Cheikh Guéye was under electronic monitoring. To request the removal of the bracelet, he bypassed his lawyers and instead contacted his marabout (a religious leader or spiritual guide). The judge advised them to follow the legal procedure. Upon leaving, they left 10 million CFA francs on the table. According to the prosecution, even if it was a gift, the act of corruption was complete. The prosecutor argued that corruption is a phenomenon that is eating away at society and that Cheikh Guéye and his marabout had insulted the justice system. He asked the court to find the defendants guilty and requested a two-year prison sentence and a fine of 500,000 CFA francs for each of them.
The defense argues for acquittal.
Attorney Abdou Aziz Diop, representing Cheikh Guéye, stated that his client had no intention of bribing the judge. He argued that the prosecution acted in a confused manner. Diop requested an acquittal based on reasonable doubt. In his closing argument, Attorney Souleymane Soumaré argued that the judge should be heard in the proceedings, as his client, Cheikh Guéye, contests the corruption charge. Soumaré argued that it was illogical for the defendant to bribe the judge simply because his electronic monitoring bracelet was due to expire in less than two months. He pleaded for a complete acquittal.
In turn, Mr. Abdourahmane So cited the provisions of Article 414 of the Code of Criminal Procedure to argue for acquittal. Mr. Baba Diop and Mr. Aliou Souaré, representing Hady Sy, asked the judge to dismiss the charge of conspiracy, arguing that he had not intended to bribe anyone. They further argued that the prosecution had failed to provide sufficient evidence, as they had not heard the judge's version of events. According to Mr. Souaré, the charge was dubious.
The court will deliver its verdict after the break.
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