When the SDF militants incarcerated at the Yaounde Central Prisons at Kondengui appeared in court on 13 October to answer charges connected to the killing of Gregoire Diboule Nzall on 26 May 2006, one of them, Innocent Kum, was absent. Innocent Kum, who was expected to answer charges in court alongside SDF chairman Fru Ndi and 21 others on 13 October died last Saturday after a long, unyielding illness
By Yemti Harry Ndienla
He reportedly died in the dispensary of the Kondengui prison early last Saturday. The illness from which he suffered was not disclosed by the time of writing this article.
According to retired colonel Chi Ngafor, also incarcerated at Kondengui for the same charge, Innocent Kum took seriously ill and was ferried to the dispensary of the prison two weeks ago. But that when he (Chi Ngafor) noticed that the late Kum’s situation was serious, he pleaded with the resident doctor to recommend that he be transferred to a hospital in town, the doctor refused, saying that he (Chi) had no such authority to permit a detainee to leave the prison yard and that only the state counsel could take such a decision.
Chi Ngafor is reported as saying that when the detainee’s case further worsened, the superintendent in charge of the Kondengui prison came and saw for himself and actually asked for Kum to be transferred to a hospital in town for more intensive care. But this was not done.
“If he was allowed to be taken out, he would have received better treatment and perhaps he would have survived. It is inadmissible that people are sick but cannot be allowed to get treatment,” Chi Ndafor was quoted as saying.
He added: “Two other detainees are presently in poor health conditions while another one is convalescing.”
It should be noted here that Kum is the second in the batch of 23 SDF militants detained at Kondengui prison since 2006, to have died in jail.
SDF chairman John Fru Ndi and 22 militants who were left in Kondengui appeared in court last 19August but the matter was adjourned to 13 October after SDF lawyers said their clients were Anglophones and could not be tried in an essentially French court without interpreters. Also, one of the accused, Justice Mbah, is deaf and dumb, and there were no interpreters in court to get his statement.
Fru Ndi and the 21 SDF detainees were thus expected to present themselves before the Mfoundi High Court in Yaounde on Monday, 13 October.
Meanwhile SDF defence lawyers have petitioned the court to throw out the case for what they discribed as faulty PI. The lawyers did particularly well at Monday’s resumed hearing at the Mfoundi High Court with Sama Francis addressing the court for over five hours continuously.
The herald newspaper reported that the huge crowd that filled the court hall and its premises were visibly thoroughly impressed with the performance of the SDF lawyers. “At one point, even the presiding judge appeared fixated on Sama Francis as he spoke and spoke and spoke. He led a team of six defence lawyers all of who took turns to address the court on Monday”notes the newspaper. Adding, “what shocked the public was that the state prosecutors were visibly lost. On two occasions when the chief prosecutor was given the floor he mumbled and gasped for speech. And in a few minutes he ended his onerous intervention. When the six hour session began at past mid-day, Fru Ndi and other SDF militants said they were not guilty in answer to the question, “Are you guilty or not?”
Fru Ndi and retired colonel Chi Ngafor are accused of giving instructions to their faction’s militants to undertake actions which led to the murder of Diboule Gregoire who belonged to the Muna faction of the party. Twenty-one others are directly accused of the murder.
SDF lawyers challenged the preliminary investigation on the matter as being heavily flawed and called for a cancellation of the preliminary investigation, and a rejection of the case.
Among the flaws of the preliminary investigation the lawyers pointed out the following: 1). The rights of the accused were violated up to the hearing of the case; the accused had been detained for more than two years without their charge ever having been read to them. 2). There was no cross examination involving a confrontation between the prosecution and the accused 3).
The language of interrogation was French whereas 14 of the accused are Anglophones who do not understand French and there is also a deaf and dumb. There is no evidence that there was interpretation in the PI from French to English 4). Throughout the whole preliminary investigation process, witnesses did not appear.
“Against these flaws of the PI, the court was shocked when the state prosecutor, summoned to comment, was tongue tied and said nothing in defence” said the same source.
The case was adjourned to 27 October when a ruling on Monday’s objections will be expected.
Commentators said Fru Ndi would now resume campaigns for the 26 October council election reruns with a measure of inner peace.
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