Judgement RPA 11.566: Prosecutor versus Bangala Guélor
In a statement made and registered at the Registry of the Court of First Instance of
Kinshasa/Kalamu, on the 12th may 2008, the Prosecutor appealed before this jurisdiction the
judgement pronounced on the 9th may 2008 under R.P 9331 by the same Court, in the case
of the Prosecution against the accused NAGALA Guélor that, ruling after hearing both parties
regarding the accused, pronounced established both in fact and in law the crime of rape
awarded to the accused, sentenced him to 5 years of imprisonment as well as to a fine of
100.00 Congolese Francs, to be paid within the legal deadline of face 10 days of detention;
Ruling about the interests of the plaintiff, sentenced him to the payment of the equivalent in
Congolese Francs of 50.000 USD ( Fifty thousand American Dollars) and placed the cost of
the proceedings under the responsibility of the accused, to be paid within the legal deadline or
face 7 days of detention.
In the case's appeal in the public hearing of the 26th December 2007, in which this case was
presented, pleaded and taken into deliberation, the accused BANGALA Guélor appeared in
person without legal assistance;
The Court has thus declared the present case admissible;
It follows from all the elements on file that on the 12th November 2007, Ms. NAOMIE
KITEMBO was questioned by her parents about the fact that she came back to the house late
after returning from school, to which she declared to her parents that she accompanied her
friend Naomie MASOMBE to her lover's house, BANGALA Guélor, Head of Discipline at the
Institut Scientifique MATUIDI where the two young girls studied in the first secondary year at
the time of the events; Informed of the romantic relationship that might exist between the
accused BANGALA Guélor and his younger sister Naomie MASOMBE, Mr. Tony KINA
pressed charges against the latter at the Police Station of Funa in Kinshasa;
Miss Naomie MASOMBE, aged 14 at the time of the events, admitted, during he investigation
that preceded the trial, that her sexual intercourse with the accused BANGALA had started on
the 5th November 2007, she specified that on the 12th November 2007, she had intimate
contact with the accused BANGALA for the third time; In fact, taking advantage of his lover's
visit, Naomie MASOMBE, accompanied by her friend Miss Naomie KITEMBO, to his
residence on Avenue Sport, number 69, Quartier Katanga in Kinshasa/Kasa-Vubu, the
accused BANGALA Guélor invited to his house his friend DJODJO, not otherwise identified;
After giving them beer SKOL and some food ( meat skewers and chikwanges), the accused
BANGALA and DJODJO undressed the two minors mentioned above and had carnal relations
with them on the same bed; Interrogated about this, the accused BANGALA denied the facts
both during the investigation that preceded the trial and during the trial;
In its pleading arguments, the Prosecution askes the Court to acquit the accused BANGALA
due to reasonable doubt, given that the medical report that should elucidate the Court is
missing;