Delivered the judgment which reads as follows:
ON THE APPEAL:
by Maitre Idrissa DOUMBIA, Attorney at the Bar of Mali, acting in the name and on behalf of
Tamakaly DIARRA, appellant, on the one hand;
AGAINST:
The State Prosecution and Judgment No.237 of 24th July 2008 of the Trial Chamber of the
Assizes Court of Bamako and Sanata KANTE, respondent, on the other hand;
On the report by the President, Mrs BOUNDY Henriette DIABATE,
And the respective written and oral submissions of Advocates General Fatimata NIENTAO and
Seydou A. DIOP,
Having deliberated in accordance with the law;
ON THE FORM
Having regard to the appeal filed with the Registry of the Court of Appeal of Bamako on the
24th July 2008 by Maitre Idrissa DOUMBIA, Attorney at the Bar of Mali, acting in the name
and on behalf of Tamakaly DIARRA, against Judgment No.237 of 24th July 2008 of the Trial
Chamber of the Assizes Court of Bamako, in a case on paedophilia.
Whereas, according to Article 518 of the Criminal Procedure Code, an appellant who does not
produce any written submissions shall be deprived of his right of action.
Whereas in the present case, the certificate issued by the Chief Registrar of this Court on the 11th
of May 2009 shows that the appellant, exempt from payment into Court under Article 514 of the
Criminal Procedure Code, did not file any additional written statements.
Having regard to the provisions of Article 518 of the Criminal Procedure Code;
Having regard to the indictment of 7th May 2009 by the Attorney General at the Supreme Court
of Mali;
FOR THESE REASONS
ON THE FORM
Declares Tamakaly DIARRA to have forfeited his right of appeal
Leaves costs at the charge of the State;