The FCFA 63 million breach of trust case brought by defendants Khadidiatou D. and Abdoul AM against plaintiff Abdoulaye CM was heard on November 14 in the barrel of a flagrante delicto trial. The parties involved in a contract to buy and sell vehicles from the United States could not agree on the outcome of their business and ended up taking them before a judge.
“Initially, the ‘arrival’ was FCFA 63 million for 24 vehicles. I ordered these cars from a lady named Khadidiatu D. whom I know through her husband. He put me in a junkyard for cars from Canada. It took me more than 2 months to realize that something was wrong before I discovered that my employee had given me fake documents,” alleged the complainant Abdoulaye CM. to him with the vehicle registration documents. During interrogation, Khadidiatou D., who runs a communications and car sales company, gave his version of the facts.
“Abdoul AM has been working with my husband for more than 10 years. A supplier cheated us in the past and we wanted to change workers, he put me in touch with a certain Ibrahima Dabo. Abdoulaye CD just paid me half of the finance for 24 cars. He bought 4 cars from the order. I paid him 15 million FCFA, which is 47 million of the 62 FCFA he paid me. We started cooperation since June,” said his colleague Abdoul Aziz M.
“I gave Abdul Aziz M. all the money paid to me by Abdoulaye CD, as well as the bills of lading that allowed me to seize the cars. I personally called Ibrahim to be more reassuring, and he told me that he was in Texas, where he was making arrangements to transport the cars to Dakar. There are all the dumps that connect me with Abdoulaye CD,” added Khadidiatou D.
For his part, Abdoul Aziz confirms that he received a total of FCFA 37 million from Ms. M., which he in turn donated to Ibrahima Daboy.
“I am just an intermediary. He was dealing directly with Ibrahima Dabo. I converted the money I received from Khadidiatou back into dollars and euros and sent it to Ibrahima Dabo by transaction and often with Gp,” he justified himself in front of the lawyer. Abdoul Aziz M. will be immediately rejected by the defendant.
“I don’t have a direct supplier, I work with Abdou Aziz, who in turn deals with Ibrahima from the USA. Abdoulaye CD ordered 24 cars worth 62,200,000 CFA francs. I recovered the value of 5 cars amounting to FCFA 15 million,” he said during the trial. Difficulties in getting the ordered vehicles out of the port also dominated the surveys. Abdoul Aziz M. tried to explain the reasons.
“The blocking of vehicles is explained by the delay, according to the supplier Ibrahima Dabo. “The vehicles can go months before they leave the port.”
In his argument, civil party client Abdoulaye, represented by Me Matar Paye, cited a series of allegations of breach of trust against CD.
“There are fraudulent maneuvers that tend to deceive my client, there is fraud at the limit,” he stressed. The lawyer asked the court to find the defendant guilty of the charges brought against him and sought compensation of FCFA 70 million for all damages.
The facts that the accused was brought to the bar for the defense of Khadidiatou D. do not belong to any criminal qualification.
“We wanted to pressure the lady to keep him in prison and pay money. All discharges of my client are brought to court and it is the civil party himself who says that there is a contract of sale binding him with Khadidiatou D. and the latter claimed that the money was paid to Abdou Aziz. “, he clarified to his council, who demanded his release purely and simply.
For his part, the defense of Abdoul Aziz M., represented by Me Abdi Nar Ndiaye, asked the court to dismiss the prosecution’s objectives in favor of his client, as the civil party admitted that he did not know Abdul Aziz, but better, he should never have done business with him.
The court ruling in this case declared a stay of prosecution in favor of the defendants, Khadidiatou D and Abdul Aziz M., but ordered them both to pay (2) FCFA 55 million in damages. .