Who is Afraid of What?
By Christopher Ambe
Marafa Hamidou Yaya, ex- SG at the Presidency of the Republic and
former Minister of Territorial Administration detained since April 16 for
investigation in connection with embezzlement of funds meant for the purchase in 2003 of a plane for President Paul Biya was last Monday July 16, for the first time,
arraigned before the Mfoundi High Court.
 |
| Prof. Kale: struggling to get Marafa case file |
But surprisingly hearing could not begin because
Marafa’s defense team led by US-trained lawyer, Professor Ndiva kofele Kale
raised strong objection that, they had not yet received the case file to enable
them prepare their client’s proper defense.
Based on the objection, the presiding magistrate
adjourned the matter for trial to Tuesday July 24, before which day it was thought
the Marafa defense would have had the case file from the legal department. The
judge also instructed both the prosecution and the defense to communicate to
each other the names of their witnesses.
But ever since the instruction of the presiding
judge, the Marafa defense team has not been able to have the case file, despite
sustained efforts to lay hands on the case file, The Recorder has been reliably
informed.
The question legal pundits now ask is: Who is
afraid of what?
Unfortunately some media organs have alleged that
the Defense has had the case file.
In line with its motto of “Breaking Barriers to Empower” readers with reliable information,
The Recorder succeeded in reaching Lead defense counsel Professor Kale by phone
last Wednesday evening for clarification.
Just returning from SED Yaounde to confer with
his client Mr Marafa ,Barrister (Prof) kale told
us, “As at now that I am talking to you this Wednesday evening, we-the Defense
have not got the case file”
He expressed uncertainty as to whether what was
brought in Court on Monday July 16 was actually the case file.
“Without the case file from the people of Cameroon-who
are the ones prosecuting, how can we prepare our client’s defense?”Barrister
(Prof) Kale asked rhetorically.
He hoped the Marafa defense would succeed to get
the case file by today Friday July 20, since the matter is supposed to come up
on July 24.
“The
Defense team cannot be ready for the matter if we don’t have the casefile.To be
ready, we must have the case file”, said Professor Kale, who during his first
press briefing as Mr.Marafa’s lead counsel and banking on his extensive
research on economic crimes, said “Marafa is not an economic criminal”
It is not clear from our findings why the legal
department is allegedly delaying to hand the case file to the Marafa defense.
But the delay is only fuelling suspicion that the
Government may have some “hidden agenda”, especially as Mr. Marafa is said, in
some quarters, to be a political detainee, an allegation the Presidency of the
Republic has since refuted.
Marafa was first detained at the Yaounde Central Prison upon his arrest
last April 16, but when he started sending out sensitive and attention-catching
open letters to President Paul Biya and to Cameroonians concerning matters of
public interest, he was on May 25, in the early hours of the evening transferred
to the SED (Secretariat d’Etat à la defense) lock-up in Yaounde.
The Defense holds that Mr.Marafa’s detention conditions violate all
United Nations (UN) minimum standards on the treatment of pre-trail detainees.
It’s likely that the July 24 trial will not go on if the Defense by
then has not had and studied the case file
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