Monday 14 May 2018

Yaounde Military Tribunal:


A to Z of Mancho BBC’s Dramatic Trial
By Innocent Kum in Yaounde
Mancho Bibixy took the Yaounde Military Court by storm
It was a field day on May 8 at the Yaounde Military Tribunal when the case pitting the state of Cameroon against Anglophone activists including Coffin revolutionist, Mancho Bibixy came up for the umpteenth time.
            At exactly 9.15 am on that day, Mancho Bibixy and the six others arrived at the court in a white police van (Hiace bus).
            They are then led into the courtroom to sit and wait for their turn as 31 different cases were on schedule. Mancho and Co had to sit and watch all through these cases as the President of the court passed judgments or adjournments. Most of the cases were not linked to the Anglophone crisis.
            However, when the case related to the Anglophone crisis first came up, it was the case between the State of Cameroon against Abeng Gerald Ndam, Tamina Terence, Chongong Kelly and Stecy Ngwe.
            Their own case was immediately adjourned to June 5 because the prosecution had not notified the defence formally of the opening of legal proceedings.
            Another case of Anglophone detainees that followed was that between the state against Ade Kenneth Chi, Anyangwei Lelly Anyangwei and Fonyuy Terence.
            As was with the others, the matter was immediately adjourned to 6 June. It should be noted that this was the 18th time the case was adjourned without any proper hearing. Several other cases were heard before the court went into recess at 5.00pm

Enter Mancho Bibixy case
            At about 6.53pm, after a long wait, the Presiding judge of the Military Tribunal, Col. Abega Mbezoa epse Eko Eko finally made her way into the courtroom for proceedings to start.
            She lifted her voice asking why there was much noise in the hall. Thomas Awah Junior, one of the detainees immediately retorts, telling the Judge that they keep adding new charges after each passing hearing without justification or evidence. He tells the magistrate that he hopes she will not add noise-making as another charge.
            Angry and furious, the magistrate orders the prison guards to handcuff Thomas Awah out of the hall, which order was immediately executed.
            In return, Mancho and the five others remaining in the box, attempt to stage a walk out in protest to the decision to evict Thomas Awah out of the courtroom but they are immediately blocked at the door by the State Prosecutor (Commissaire du Gouvernement), Engono Thadée, with the help of other prison guards.
            The magistrate then calls for more reinforcements from the military which is immediately done. She yells at the detainees for about two minutes before one of them decides to take the floor. Tsi Conrad expressed his bitterness at the treatment they receive from the court as they are brought in early in the morning and kept to wait the whole day only for proceedings to begin late at night and then being postponed. He prayed the court to equally respect their time in that aspect.


The Judge reacts
            The Judge responds, telling Mancho and Co that it is not her fault given that there is only one court room for several cases.
            It was time for proceedings to start as Lawyer Claude Assira of the defense bench takes the floor to tell the magistrate in vexatious terms that she was wrong in sending Thomas Awah out of the hall.
            He questioned why the Judge and the prosecution had to jointly call for reinforcements when the detainees have their prison guards. He prayed the court to dissociate itself from the prosecution.
            “This is gross disrespect of my client’s rights. So he will not be pleading before the court tonight.”
            Assira’s outing does not sink down well with the Judge, who tells him straight that if it is a threat, then the case must go on as planned and there will be no adjournment.
            Barrister Emmanuel Simh (also of the defense bench) now takes the floor. He tells the court that he feels absolutely the same like his colleague, Claude Assira. He later advanced three reasons why the case should be adjourned: Firstly, he said the lead counsel for the defense, Barrister Ben Muna is sick and they cannot go on pleading in his absence. Secondly, most members of the defense bench were officially notified on the conviction of the detainees today while others got notification yesterday so it was difficult in a short time frame to prepare. Thirdly, the civil party has refused to give its submission to the defense in witting and they cannot proceed like that.

Civil party reacts
            Lawyers of the civil party took the floor to castigate their colleagues of the defense for instigating the detainees to stage a walkout. But the defense immediately objects the claim. Barrister Mangoua Andre Duclaire challenges the defense to plead for a softer sentence and stop asking for adjournments.
            Barrister Achu Julius, on his part, tells the court that they are thirsty for justice to take its course. He said if Barrister Ben Muna was sick as the defense is claiming, he should have called to inform him since they are good friends.
            The civil party insisted like in the last hearing that they will not give their submission in writing to the defense. They challenged the defence to get it from the court registrar if they badly needed it.

State Prosecutor reacts
            The State prosecutor, Engono Thadée, opposed the motion of an adjournment. He tells the court that whether the defense bench pleads for adjournment or not is immaterial because the detainees have already been tried and found guilty. He said a sentence should be passed.
            “You cannot hold a court hostage for so long,” Engono tells the defense counsels.
            After listening to all the parties, the Judge decides to adjourn the case to May 24 but says it is the last adjournment. She said if the defense counsels fail to plead in the next hearing, a sentence will still be passed.

Mancho takes the floor once again
            As the court is about to rise, Mancho Bibixy requested for permission, which was granted.
            He tells the court that their walkout was not a show of defiance or rebellion as the Judge and the state prosecutor insinuated.
            “It was a call for the respect of our rights and a show of solidarity to Thomas Awah….Francophones attack us daily in prison but we do not retaliate. If we were rebels we would have been fighting with them on a daily basis,” Mancho told the court.
            Pausing and looking straight at the Judge, Mancho continues: “We are ready for any judgment even if it is death sentence. Forget about all these your adjournments and sentence us now.”





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