The hearing of the fine coal trial continued on Tuesday 12 December 2023 at the Tribunal de Grande Instance in Ouaga I, with the appearance of two public officials accused of forgery.
One of the agents who answered the prosecutor’s questions was a geology and mining engineer working for the ministry in charge of mines at the time. The second is a BUMIGEB agent.
As soon as the trial opened, the lawyers for two other officers pointed out to the president of the court that their clients had been heard (auditioned) without their lawyers and without being notified of their rights, in breach of the Code of Criminal Procedure.
The lawyers therefore requested that the investigation reports be declared null and void. This will result in the cancellation of the current proceedings against the 2 agents.
In this case, the president of the court declared that the court accepts the plea of nullity and joins the plea to the main proceedings.
These two agents stated that they had taken part in the weighing operations in Essakane during their mission. As for the packing operation, the BUMIGEB agent stated that he had not been present. The two agents also stated that they did not take part in the fine coal bagging operations.
“But could you tell me the purpose of your mission in Essakane? Why are you in Essakane?” the prosecutor asked the public official.
They acknowledged that they had acted in accordance with the mission orders they had received.
The prosecutor replied: “So you went to Essakane just to honour their invitation. Did you see any fine coal in Essakane?”
No!, replied the public administration official. The same answer was given by the BUMIGEB agent.
“Did you try to find out what was in the bags, as you did not see the fine coal being bagged?” the prosecutor asked the officers.
The latter replied in the negative, pointing out that it was not their job to know what was in the bags.
“So you are content with the statements made in Essakane, without carrying out any checks, even though you are liable”, the prosecutor suggested.
“The administration is counting on you, society is counting on you. You’re the eyes of the administration in Essakane, you have to go to Essakane to check what’s going on there. When you look at everything that has been done there, do you feel that your mission has been well accomplished? “ asks the public prosecutor to the public official.
“In accordance with the mission statement and the mandate given to us, our mission was accomplished,” he replies.
The BUMIGEB agent pointed out that his mission was not to attend the bagging, but to attend the weighing. He assumed that those who had sent him knew what was going on.
“If they know what’s out there, then what did you go there to do?” retorts the prosecutor.
To this question, the two agents replied that they had gone to attend the weighing sessions in accordance with their mission orders.
“Did BUMIGEB take part in the sampling carried out by Essakane?” once again asks the public prosecutor. “No! at least not for the first part of the mission,” replied the BUMIGEB agent.
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