the month of July 2017 before DJINEKAMA Lucie's contract was
renewed for the 2017- 2018 school year; that she maintains that
the said renewal was conditioned by these sexual relations, which
the accused refutes; that it is also established that the accused
refused to renew DJINEKAMA Lucie’s contract for the 2018-2019
school year; that he explains the non-renewal by the unjustified
lateness and absences as well as the indecent dressing of
D.L; that, however, she claims that it is because this time, she
refused to have sexual relations with the accused that he
dismissed her;
Whereas it is clear that the accused did not inform D.L of the
criterion of non-renewal of her contract at the time of her
recruitment; that it is at the end of each school year that he unilaterally
decides to renew or not the contracts, casting doubt on the real motives
for non-renewal of contracts of non-permanent teachers; that this is all
the more true since it emerges from the proceedings that when the
accused assembled the three non-permanent teachers at the
time, namely
D.L,
BADINI
Mariam
and
PARE
Henry
Bonaventure, he informed them that he is not certain that
their contracts would be renewed, before informing PARE Henry
Bonaventure later that his message was addressed only to the ladies;
Whereas D.L alleges that she was molested by the defendant
when she went to his office to get her preparation notebook signed;
that she also claims that he did not often answer her greetings
because she refused his advances; that, however, examination at
the bar revealed that although she lived opposite the SOS Enfants
School, D.L freely chose to have her daily lunch in the office and
with the accused; that she rested there while waiting for classes to
resume; that, moreover, not only did she cook at home and bring
the meal to the school for the accused but also invited him to eat at
her house; that, moreover, she regularly did sports with him;
Finally, whereas all the witnesses having been heard
declared that they had never seen or heard, from the accused,
any behaviour or words of a sexual nature made against
D.L; that the investigation on the stand also did not establish
that the defendant repeatedly imposed on the victim, in a
sexual manner, words or behaviour with sexual connotations
or that he used serious pressure in order to obtain sexual
relations with her;
That in view of the way in which the accused renewed the
contracts of the non-permanent teachers and the extraprofessional relations between D.L and the accused, there
is doubt as to whether he committed the acts of sexual
harassment attributed to him; that by virtue of the
principle according to which doubt benefits the accused,
P.S.M should be acquitted of the prosecution charges;
7
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