Judgement RPA 11.934: Prosecutor and plaintiffs Lotika Antoine and Nkusu Kieba against
accused Mohamed Molosa Libaka Isaka alias "Richard"
In his statement made and registered at the Court's Registry on the 6 th October 2012, the
accused MOLOSA MOHAMED, detained at the CPRK, acting through his counselor Advocate
MPUNGA BUKASA, holding special powers of attorney given to him on the 5th October 2012,
appealed the judgement R.P. 21.082, pronounced by the Court of First Instance of
Kinshasa/Gombe on the 14th September 2012, deeming it ill-advised.
In the terms of the previous judgement, the Court, ruling after a public and due hearing of
both parties, having heard the Prosecution in its indictment, declared not established both in
fact and in law the two accusations of extortion held against the accused MOLOSA
MOHAMED and consequently acquitted him and released him of judicial procedures; it on the
other hand declared established both in fact and in law the two accusations of rape held
against the accuses MOLOSA MOHAMED and consequently, sentenced him for the rape
committed with resort to the use of drugs to two years of imprisonment and a fine of 200.000
Congolese Francs, recoverable by 7 days of detention; sentenced him for rape with resort of
threats to one year of imprisonment and a fine of 5.000 ( five thousand Congolese Francs); it
also declared established both in fact and in law the two accusations of fraud in the amount of
1.500$ USD and the one in the amount of 500$USD, and consequently sentenced him for the
two offenses to one year of imprisonment for each one; declared all these offenses to be
concurrent and calculating the total, sentenced the accused MOLOSSA MOHAMED to five
years of imprisonment and a fine of 150.000 Congolese Francs or 7 days of detention in the
case of non-payment; received the complaint of the plaintiffs MBALUKU and NKUSU but
declared them unfounded; lastly, sentenced the accused to payment of the proceedings, at a
reduced rate, and ordered the confiscation and destruction of the accused's telephone, seized
under Ras 00395/012;
Filed within the legal procedures and deadline, the appeal raised by the accused against the
allegedly irregular judgement is in conformity with the law and admissible;
In the case's appeal in the public hearing of the 25th January 2013, in which it was pleaded
and put into deliberation after the requests of the Prosecution to process it within the legal
deadline, the accused MOLOSSA MOHAMED appeared in person assisted by his counselor
Advocate KALALA whereas the plaintiffs MBALUKU and NKUSU appeared represented by
their counselors Advocates Guillaume PERUZI, Fiston ANDABU and Gabriel BAROANI,
together, all Lawyers. Hence the procedure taken in the case is in conformity with the law;
IN FACT
During the year of 2012, Madame NKUSU Belinda aka FIFI, wife of Mr. MBALUKU LOTIKA
Antoine, with whom she had four children, had extramarital sexual intercourse with the
accused MOLOSSA MOHAMED Richard after their meeting at Hasson et Frères in
Kintambo, where she went shopping; According to the elements on record, Madame NKUSU
Belinda was one day in a taxi heading to town when she met the accused, who presented
himself as being a business man that wanted to make her an important part of the business
world; Somewhat later and while she was at Hasson et Frères de Kintambo, NKUSU Belinda