The trial in the fine coal case was scheduled for 20 July 2023 at the High Court (Tribunal de Grande Instance – TGI) Ouaga1. However, the court has returned the case to the general roll. The case will be heard in a special session. This is the court’s decision, as explained by Prosper Farama, one of the plaintiff’s lawyers. The postponement will allow the president to fully familiarise himself with the case before scheduling it. On 20 July 2023, at least 4 defendants failed to appear in court.
As a reminder, during the weekend of 29 to 30 December 2018, the Public Prosecutor at the Ouagadougou Court of Appeal, was informed that the mining company IAMGOLD ESSAKANE SA was allegedly exporting fine coal to Canada. The company was accused of concealing more gold in the coal than it had declared. Instructions were given to the National Gold Anti-Fraud Brigade (Brigade nationale anti-fraude de l’or – BNAF), which seized the goods on the night of 29 December 2018.
A long legal process begins. Experts were called in to provide evidence. The investigation led to the direct summons of persons against whom there was serious and corroborating evidence of such a nature as to justify their summons to appear before the criminal court. Following the hearings of 41 people, including the companies IAMGOLD ESSAKANE SA, Bolloré Transports et Logistics SA Burkina Faso and others, IAMGOLD ESSAKANE SA, Bolloré Transports et Logistics SA Burkina Faso and 12 other people are being prosecuted before the criminal court. However, Essakane company will be challenging the expert reports.
New experts are appointed. They submitted their report in July 2022. Each party had 45 days to submit its observations. In the meantime, Essakane initiated discussions with a view to reaching a settlement, which would put an end to the legal proceedings. Pending the settlement, the case was scheduled for 20 July 2023.
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