During the appeal, the State counsel of Faso stated that he had summoned
the aforementioned accused to appear before the Court at today's hearing to
defend himself on account of the above-mentioned prejudice;
The accused, appearing free, declared that he wished to be tried immediately;
The Court Registrar read out the documents in the case file;
And the accused was questioned;
The submissions of the Legal Department were heard;
Speaking in last position, the arguments made by the accused to defend
himself were heard;
The Registrar recorded the statements and the responses of the accused;
Then the Court ruled as follows:
THE COURT
Considering the documents in the file;
Having heard the answers and statements of the accused;
Having heard the testimonies of witnesses;
Having heard the submissions of the Legal Department;
Having heard the arguments of the accused, who spoke last;
I- FACTS
On March 20, 2017, BONKOUNGOU Zakaria, a farmer residing in Bongla,
presented himself at the Local Police Station of Sollé/Loroum and filed a
complaint against N. N aka H for the death of his grandson B. A. N;
When questioned, BONKOUNGOU Zakaria told the investigating officers
that he was informed by telephone on March 15, 2017, by
OUEDRAOGO Boureima, his father-in-law, of the death of his grandson
B. A. N; that his interlocutor confided to him that the victim had died
following a bout of illness in Tibou-Bouli; that he was very surprised when,
once he arrived in the village, the child's mother told him that her partner
was the cause of his death; that indeed she confided to him that during a
misunderstanding with him, his partner N. N aka H had taken the child out
of her hands and had thrown him against the wall before attacking her; he
specified that the deceased was the son of his child named B. I who is now
settled in the Republic of Côte d'Ivoire; With this information in hand,
the above-mentioned judicial police unit opened an investigation during
which Ganame Ammi, the mother of the infant was questioned and she
corroborated the plaintiff's statements;
The investigating officers then arrested and questioned the accused
N. N aka H, who immediately refuted this statement of facts made by his
concubine. He claimed to have had an altercation with the concubine on
the day of the incident, but denied having removed the infant from his
hands and thrown him against the wall; that during this
misunderstanding, he slapped his concubine who, being out of balance
when she fell, had kicked the child against the wall; that it was afterwards
that the child died despite his attempts to revive him; he stated that the said
child was the product of a previous union between his
concubine and