A fraud case was heard before the expedited court in Thiès, Senegal. The defendant, identified as Dame, is accused of deceiving a supplier by posing as a creditworthy businessman before disappearing with a large quantity of beverages.
At the stand, the victim, Mr. Diatta, explained that the accused placed an order for 1,000 packs of energy drinks and 100 packs of non-energy drinks, for a total amount of 9,18 million CFA francs (approximately $15,300 USD). The contact was established through a driver working for the supplier.
When it came time to pay, Dame explained that he was having difficulties with his bank, but asked Mr. Diatta to trust him.
Convinced, Mr. Diatta agreed to deliver the goods to a store the client had rented, giving the appearance of a legitimate business operation.
But the scheme did not stop there. After the drinks were unloaded, the accused returned during the night to retrieve the entire order and transport it to an unknown destination. Since then, he had become untraceable.
This case had severe consequences for Mr. Diatta, who was prosecuted by his employer. "I was imprisoned for one month before being fired without any rights," he testified at the stand.
For his part, the defendant Dame admitted to placing the order, while contesting the amount cited. He claims the transaction was for 7.18 million CFA francs and that it was a credit agreement. He maintains that he resold the goods to another merchant, who has not yet paid him the amount owed.
However, the case became more complicated for the accused. It emerged during the hearings that he has already been convicted for similar offenses and is currently serving a six-month prison sentence.
For the civil party, this defense does not hold. Their lawyer, Me Faty, described the defendant as a first-class swindler, arguing he caused considerable harm to the victim. He thus asked the court to order Dame to pay 90 million CFA francs in damages.
For his part, the public prosecutor was categorical. In his view, the crime of fraud is fully established. He described the accused as a repeat offender and indicated he was convinced other victims might come forward. Consequently, he requested a sentence of two years in prison without suspension.
The defense, represented by Me Niang, contested this characterization. The lawyer argued that there is not enough conclusive evidence to characterize the act as fraud. He notably pointed out a major contradiction: where the civil party speaks of a sale, the defendant speaks of a credit transaction. This reveals gray areas in the case file. Consequently, he pleaded for his client's acquittal.
The court has taken the case under advisement.
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