SOULEYMANE DOUMBlA) IBRAHIM TOUNKAR), all advisers at the said Court, MEMBERS In the presence of Mr Tamba Namory KElTA, Attorney General at the Mopti Court of Appeal, acting as the State, Assisted by Maitre Mohamed AG ALHASSANE, Court Registrar And with support from Mr Seydou MAIGA, ad-hoc Interpreter, who has taken an oath of office beforehand in accordance with the law; Passed the following judgement: THE COURT Mindful of ruling No. 44 of the Indictment Division of the Mopti Court of Appeal, on 17 April, 2009 to refer to the Mopti Court of Assize the accused; NOUHOUM MAIGA: Born around 1982 in Bamba Cercle de Bourem, son of Abdoul Aziz (deceased) and Fatoumata Zahara, Fisherman domiciled far inland in Mopti, Malian, who claims that he has never been convicted, and has not performed his military service, Committal order of 25/07/07 OML of 03/02/2009, charged with attempted rape and assault and battery (articles 226 sub paragraph 3 and 207 of the Penal Code, absent at the hearing; MINDFUL of the arrest warrant issued against the above-named and included in the referral order; Considering that the accused referred to the Mopti Court of Assizes, sitting in Mopti and duly summoned following the procedures prescribed in article 369 of the Criminal Procedure Code, has failed to appear in court; That it falls to the court to rule by default against the accused; Considering that sufficient evidence has been gathered from the case file against Nouhoum MAIGA: of having in Mopti, in the Council area of the said Cercle, in the night of July 13 and 14, 2007, in any case since less than ten years, attempted with violence and force, to commit an act of penetration on the person of Agaichatou Maiga. The attempt, manifested by the commencement of execution, failed simply due to circumstances beyond his control;