II) REASONS (i)
(i)
In the form
• On the admissibility of the appeal: Considering that the appeal was made in
accordance with the prescribed forms; it should be declared admissible;
• On the nature of the decision: Considering that the defendant and the civil
party did not appear: that it is not established that they were aware of the
procedure: that they should be defaulted:
(ii)
On merits
• On public action: Considering that the accused is being prosecuted for acts of
sexual harassment; That although having appealed, she does not appear to justify
the merits of her appeal;
Considering further that it emerges from the documents in the file, in particular
the preliminary investigation report, that the facts against him, although
constant, are in fact constituting an assault;
That it is therefore appropriate to reform the contested judgment in this sense;
• On costs:
Considering that the accused succumbs; that he should be ordered to pay the full
costs;
(iii) FOR THESE REASONS
Ruling publicly, by default, in correctional matters and at last resort;
Declares admissible the appeal of the accused B.H;
Holds that it is ill-founded;
However, reforms the impugned judgment;
Declares the accused guilty of assault;
Confirms the judgment for the rest;
Orders the accused to pay the costs.
President M. OUATTARA SIRIKI