With the assistance of Maitre TOURE Amadou Mohamed,
Registrar;
Delivered the judgment which reads as follows:
ON THE APPEAL:
by Maitre Simon LOUGUE, Attorney at the Bar of Mali, acting in the name and on behalf of
Mahamadou Methé aka Commandant, appellant, on the one hand;
AGAINST:
The State Prosecution and Judgment No. 174 of 6th November 2006 of the Trial Chamber of the
Assizes Court of Mopti and Fatoumata ZERBO, respondent, on the other hand;
On the report by Mr Sambala TRAORE, Advisor;
And the written and oral submissions of Advocates General Fatimata NIENTAO and Moussa
Balla KEITA
Having deliberated in accordance with the law;
THE COURT
ON THE FORM
Having regard to the appeal filed with the Registry of the Court of Appeal of Mopti on the 6th of
November 2006 by Maitre Simon LOUGUE, Attorney at the Bar of Mali, acting in the name and
on behalf of Mahamadou Methé aka Commandant, against Judgment No.174 of 6th November
2006 of the Trial Chamber of the Assizes Court of Mopti, in a case on rape and theft.
Whereas Article 513 of the Criminal Procedure Code states that the appellant of an appeal shall,
on pain of forfeiture, deposit the amount of 10,000 Francs upon filing a statement of appeal;
That an appellant who does not submit written statements shall be deprived of his right of appeal
in conformity with Article 518 of the same Code;
Whereas in this case, the Certificate issued by the Chief Registrat of the Supreme Court on 9th
February 2009 shows that the appellant did not pay the statutory deposit into Court, nor did he
submit any additional written statements as required by Articles 513 and 518 of the Criminal
Procedure Code;
That for this reason, he should be declared to have forfeited his right of appeal;
Having regard to the said articles;