Like those who reacted to the 125 billion affair, in which the name of MP Farba Ngom was mentioned by the prosecutor of the financial judicial center, jurist Pape Amadou Mbaye provided important clarifications.
In a note made public concerning the Farba Ngom and his associates affair, the prosecutor mentioned facts of money laundering via front companies, used for suspected transactions with a value provisionally estimated at 120 billion CFA francs. This characterization of the facts by the prosecution was considered premature by some, who denounce a potential violation of the presumption of innocence and a politicization of the case.
However, jurist Pape Amadou Mbaye believes that the prosecutor only fulfilled his mission. “The prosecutor is a legal technician. What interests him is to give a legal qualification to the facts brought to his attention. However, it should be noted that this qualification remains provisional,” he declared, reports Seneweb.
According to Mr. Mbaye, “Article 11 of the Code of Criminal Procedure stipulates that, when providing information, the prosecution must stick to fair and true facts. He cannot, in a press release, interpret charges that he has not yet investigated. »
It specifies that the investigation can lead to a reclassification of the facts by the judge, and even at the judgment stage, the lawyers can plead for a disqualification. “Thus, it is an exaggeration to speak of a violation of the presumption of innocence. The press release does not affirm the guilt of anyone, but limits itself to noting the alleged commission of a certain number of offenses, leaving their characterization to the competent courts,” he explained.
Pape Amadou Mbaye also stressed that the prosecutor’s skills are limited to initiating prosecutions. “Once an accused person is placed under a warrant of committal, the prosecutor is relieved, regardless of his authority. It is up to the investigating magistrate to carry out in-depth research, such as freezing accounts or other measures before judgment. The prosecutor acts on the basis of clues, not definitive proof. »
Concerning this case, the lawyer mentioned that the National Financial Information Processing Unit (CENTIF) is a body attached to the Ministry of Finance, responsible for collecting financial and economic information. This body has the power to refer the matter to the competent authorities, in particular the prosecutor of the judicial department.
“In the past, we talked about the public prosecutor. Today, faced with the need to effectively repress economic and financial delinquency, a specialized judicial center has been set up, allowing the financial prosecutor to initiate procedures. »
To conclude, he clarified that “this type of case was predictable. In Senegal, money laundering practices have often been observed, both at the top of the state and among people benefiting from privileged connections with the authorities, allowing them to use unconventional means. »
