5
the guard at the school since 1983 and had never touched any of the students at this
school, he added that xxx never approached him but he sometimes gave them some coins
at lunchtime to buy food; that according to him the girl is not telling the truth by saying
that this happened in the school toilets since the said rooms do not have doors and do not
close consequently;
Considering that pleading for their client, counsels for xxx maintained that the plaintiffs
varied in their statements during all the procedure and that elements were added to the
facts; that according to them while the medical certificates revealed simple scratches on
the hymens, the complainants were unanimous in declaring that Mr. xxx did not take off
his underwear at the time of the touching; that these are contradictions which do not
allow the Court to enter into conviction; that in reality it was xxx's mother who insisted
that the proceedings be continued, while the police and the medical doctors had
concluded that there had been no lesions on her daughter's hymen; that there has never
been a rape and according to the counsels for xxx the civil parties are only looking for a
way to enrich themselves to the detriment of the defendant who by reputation has always
been generous to the people of the village; which they concluded by requesting the
release of their client who according to them is ill;
Considering that the counsel for xxx has, on his part, maintained that the latter is old and
has been wrongly accused; that according to him the real victims in this case are the
defendants who have already suffered whatever the outcome of the trial; that he noted
that the whole procedure was crafted from scratch by lady xxx , who by wanting to give
credit to the story engulfed Mr. xxx in it; that he explained that xxx not satisfied with the
follow-up given by the Police to her complaint, brought the matter to the gendarmerie
where Mr. xxx was not at all worried and it was only through a report from the
prosecution that he was referred; that he explained that what was said at first instance is
totally different from the statements made before the Court; he added that there is no
witness in the file and the medical certificates show an absence of hymeneal lesions; That
he ultimately maintained that xxx is 81 years old and has never had a problem with the
law; that only the release for the benefit of the doubt is necessary to restore his dignity;
Considering that the Advocate General by making his submissions expressed his
discomfort in this file due to the fact that there are only declarations emanating from the
two parties; whereas the victims' medical certificates showed that the girls' hymens were
intact; that there is thus contradiction and doubt and that should benefit the defendants;
that he requested the reversal of the decision and release for the benefit of the doubt;
Considering that the counsel for the civil parties in his pleadings clarified that there was
never any question of rape but rather of attempted rape; that in relation to the
contradictions invoked by the defense and the prosecution to seek release, he replied that
there is no contradiction in the statements made by the girls who, moreover, had all been