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Actualités of Thursday, 2 July 2015

Source: La Nouvelle Expression

Sonara Case: Charles Metouck pleads not guilty

Charles Metouck Charles Metouck

The former DG of Sonara, Charles Metouck and the other three defendants have pleaded not guilty in the embezzlement case.

The accused persons are now four instead of the five who were initially charged. The other three accused are Métouck, Ngallé Mouellé and Edinguélé Edinguélé. The fifth person is Tiako Etienne who was fortunate to have his charge terminated.

Before the trial, Charles Metouck had returned the corpus delicti, the sum of 108 million CFA francs. However, the other co-defendants were not privileged based on the provision of Article 18 of the law established by the TCS on the restitution of the corpus delicti.

The Public Ministry (the complainant), having exhausted the hearing of witnesses, opted for its defense stated in Article 366 of the Code of Criminal Procedure.

While pleading not guilty to the accusations against them, Metouck and his former colleagues proceeded to take the oath.

On the other hand, Article 366 (2 and 3) states: "The president stated that if the defendant decides to testify under an oath, the prosecutor, the civil party and the court can ask him questions. The president further made it clear to the accused that the affidavits may have more probative value. "

Thus, this provision of the law gives the accused the opportunity to become the witness of his case; an advantage to defend better. The hearing on Tuesday was devoted to producing witnesses and other important aspects of the case.

Charles Metouck, Edinguélé and Ngalle Mouelle were referred to the TCS to ascertain the facts of misappropriation of public funds amounting to 108,195 245Fcfa. The same directive led to Metouck and Dikoumé (free) being summoned before the same court for of embezzlement of public funds amounting to 456,160 CFA francs from 2009 to 2013.

These offenses are provided for and punishable under Articles 74, 96, 97 and 184 of the Criminal Code. The alleged misappropriated funds generally represent the value added tax (Vat) and other non-collected amounts which were not paid back to the treasury taxes.

After the handing over ceremony between Charles Metouck, outgoing Dg of Sonara, and Ibrahim Talba Malla, the current DG, an investigation began on the administrative and accounting documents of the company.

Metouck will be sentenced at Limbe High Court to six years' imprisonment for the obliteration of evidence. All four defendants will be summoned at the court on July 21 and 22, 2015 to argue out their case.