face of her refusal to reconnect with him despite the steps he took with
her parents, every time he met her, he threatened to kill her if she ever got
back together with another man; She cites the man named OUEDRAOGO
Edmond as the person responsible;
In the courtroom, she states that even her aunt, to whom she had gone
after their separation, received telephone calls from the accused, making
the same threat;
Whereas the accused, on his part, vigorously contests having made such
a threat to the mother of his child;
But whereas neither OUEDRAOGO Edmond nor OUEDRAOGO Odile
(OUEDRAOGO Fatimata Josephine’s aunt) deigned to appear, despite
the summons addressed to them;
Given the statements made by the victim and the accused, it is clearly
difficult to prove the materiality of the threat to kill;
In the absence of proof of this material element, there is serious doubt as
to the classification of this offence;
That the accused should then be dismissed from the prosecution on the
basis of the benefit of the doubt;
IICIVIL ACTION
Whereas under Articles 2 to 6, 418 et seq. of the Code of Criminal
Procedure, any person who claims to have been injured by a crime,
misdemeanour or contravention may bring a civil action and claim
compensation for the damage caused to him personally as a direct result
of the offence;
Whereas in the case at hand, OUEDRAOGO Fatimata Joséphine declared
at the public hearing and even before the submissions of the Legal
Department, to be a civil party;
Whereas it is common knowledge, according to the accused, that one
night when his ex-girlfriend was in the company of a man, he tried to take
her home, and so he grabbed her, and while trying to pull her, he
inadvertently ripped off her clothes, leaving her naked;
Whereas OUEDRAOGO Fatimata Josephine was therefore victim of an
assault from the accused;
That in form, her request to be a plaintiff is in order and deserves to be
received;
Whereas, however, she says that she does not claim anything from her
torturer as compensation;
That, it would be proper to acknowledge her will.
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COSTS