2018/AN of May 31, 2018, on the Penal Code;
ON THE OTHER HAND;
Entered on the cause list of March 06, 2019, the case was called, then retained
and debated to be judged in accordance with the law; When questioned at the
said hearing, the accused declared that they wanted to be tried immediately,
During the appeal, the President checked the identities of the accused and
disclosed the acts before the Court;
The accused were questioned;
The statements of the plaintiff, S. J, were heard;
The submissions of the Legal Department were heard;
The arguments of the accused, who spoke last, were heard.
The Court Registrar took note of the accused's responses and the statements of
the plaintiff;
On this, the debates having ended, the Court ruled as follows:
THE COURT
Considering the documents in the file;
Having heard the answers of the accused;
Having heard the statements of the plaintiff, S. J, who filed for civil claims;
Having heard the submissions of the Legal Department;
Having heard the arguments made by the accused who spoke last;
FACTS
On Tuesday, February 26, 2019, by a bailiff's act, Mrs S. J
summoned O. M. M, O. K and
S.S to appear before the criminal division of the High Court of
Kongoussi at the hearing of 06/03/2019 as well as at any subsequent hearing
and this until the final judgement to answer for the wilful destruction of her
property; By the said summons, the acts were denounced to the State Counsel
of Faso and requested him to enter it on the cause list of the of Wednesday, 6
March 2019 and to intervene at the said hearing; She explains that on Monday,
31 December 2018, following the blows she gave to KINDA Armel, a group of
women from the Lioudougou neighbourhood, sector No. 05, located in
Kongoussi, in which she identified the aforementioned women, raided her
home and ordered her to step out to settle scores; failing to yield to their
provocation, they went to the Territorial Brigade of Gendarmerie of
Kongoussi; on their return from the brigade, they ransacked her trading
equipment including;
A hearth built out of banco;
Two wooden tables;
A drying sheet and some equipment from her neighbour;
An iron fence;
She explains that they deliberately ransacked her equipment; that these acts