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Sunday, October 21, 2018

Justice: reasons why Mendo Ze is convicted reveals by prosecutor

The general prosecutor's office of the Special Criminal Court estimates that the former director general of Cameroon Radio Television and some of his co-defendants implicated in the embezzlement within the Office of just over 18 billion francs did not bring during the defense phase, nothing likely to convince them of their innocence. He requires guilt against them.

It was an expected moment in this trial.The indictment phase in the case between Gervais Mendo Ze, former director general (DG) of Cameroon Radio Television (Crtv) and others at the public office and the Ministry of Finance (Minfi) before the Special Criminal Court (TCS) ) for three years now. Wednesday, October 10, 2018, the panel of judges headed by Emmanuel Ndjere, head of the jurisdiction gave the floor to the representative of the Attorney General at this hearing to publicly express the point of view of the institution following the argument of defense deployed by the former DG and his comrades of misfortune on charges of embezzlement of public funds to the tune of 18.3 billion francs that weigh on their shoulders.

The accuser took advantage of this platform to revisit the foundations of the dispute triggered a decade ago before dwelling first on the blame placed on the mis en cause, then on the relevance of the different alibis exhibited by each of them. them to get out of business. At the end, the guilt of ten defendants out of the fifteen on trial of which Mr. Mendo Ze is required while the grip of the accusation is loosened on five others. From the beginning of his presentation, the public prosecutor sets the stage for the alleged crime scene. According to his scenario, the former DG and his alleged accomplices each participated at his level, the construction of a system to "hit the box" through "hypertrophy" of account No. 470534 allocated to the Crtv in the books of the general treasury of Yaoundé (TGY) and intended to host the funds of the audiovisual license (RAV). The prosecution alleges that the agents of the Ministry of Finance and those of the Crtv, prosecuted under this procedure, amplified the value of the accounts in order to enjoy greater benefits in terms of bonuses and various bonuses. By way of illustration, the magistrate observes that the financial district of Littoral I in Douala collected during the year decreed, 2,276 billion francs, while the registers held by the staff Crtv stationed with the TGY display for the same period of CHF 7.225 billion, a surplus of CHF 5.449 billion.

Gap in the accounts

Another specimen, identical statement.The financial district of Center I in Yaoundé provided a balance sheet of 1.852 billion francs while the records mark a balance of 4.199 billion francs, a gap of 2.159 billion francs. In the margin of the legality, moves the prosecutor who adds that the actors of this chain knowingly took distance from the prescriptions of the order of December 12, 1989 establishing an audiovisual license (RAV) to the Crtv and the Minister of Finance (Minfi) Decree of 30 January 1990 laying down the operating procedures for account no. 470.534. For him, this text has never provided for base fees, recovery fees, or performance bonuses for agents in regular service. And even less the interference of the Crtv agents in the registers and other accounts of the TGY.

He has been incarcerated at Yaoundé-Kondengui Central Prison since November 2014, and is personally prosecuted for six separate charges following a one-year management period between 1 January 2004 and January 26, 2005. The total damage is estimated at approximately 756 million francs. This includes the undue perception of an estimated transport allowance of 600,000 francs in 2004, whereas according to the prosecution, he already had for his activities at the head of the public office of radio and television of three company vehicles and a substantial endowment of fuel.

Sterile arguments

Professor Mendo Ze is also reproached for having taken in the coffers of the Crtv an envelope of 39 million francs during the exercise of the quarrel to adjust the office of the Minister for Communications. It will be remembered that, in the run-up to his replacement at the Crtv branch after 17 years of service, he was made Minister Delegate. The applicant took advantage of this situation to receive from the office, which he still managed, the money that was used to beautify and renovate his new office. The prosecution believes that this expense was undue, as the Ministry of Communication has its own resources.The former DG is also judged to have received several other sums of money at the time he was in office: a performance bonus valued at 15.2 million francs, a disbursement of 116.2 million francs in miscellaneous expenses unrelated to the Crtv's missions', the payment of 205.3 million francs for entertainment and travel expenses, but also an increase of 20 million francs as a bonus from the account allocated to the RAV and finally 360 million francs representing the revaluation considered as unjustified operating credit of the Directorate General.


For the public prosecutor's office, the defense argument put forward by this accused to justify the regular nature of the said expenses, in particular that they were backed by resolutions approved by the board of directors of the Office, is inoperative in that none of the resolutions referred to by the former DG did not receive the discharge of the financial supervision of the Crtv, the Ministry of Finance. The public prosecutor considers that the former leader has emancipated himself from the prior approval of this authority. Which makes him guilty of the facts charged to him.

Criminal proceedings

With respect to the coercion of the misappropriated diversion, Professor Mendo Ze is charged with having fourteen persons accompanying him on the TCS accused bench, physically for some, and virtually for others, facilitated, and participated actively spoliation of the property of Crtv and Minfi. These are some of the financial services staff of the board, the treasury and tax authorities who had to manage the collection and funds of the RAV in the offending period. The first part of the accusation concerns a supposed co-operation between the linguist and three accused on the run, including Ms. Melone born Enam Patricia, Deputy Director of Finance and Accounts at the time of the facts for 782.356 million francs, Ms. Mongori Elisabeth, former director of the Cameroon Marketing and Communication Agency (Cmca) for a loss of 44.2 million francs and Mr. Andang Mgbwa Samuel, agent of the Minfi for a loss of 339 million francs as premiums arising from the RAV. According to the Public Prosecutor's Office, the performance bonuses made available to these persons by Mr. Mendo Ze had no legal basis. For this reason, he requested the guilt of the four concerned.

Regarding the alleged misappropriation costs between the former DG and the defendants Wabo Colette born Menga for 3 million francs, Abena Abena Hyacinthe for 10 million francs and Ondoua Ondoua Daniel Antoine for 3 million francs, the public prosecutor's office emphasizes that they were not beneficiaries but rather intermediaries put to contribution to send premiums to the real beneficiaries. Their fate was left to the discretion of the panel of judges. In this same part, an extinction of the criminal case was formulated against the defendants Etogo Mbezele Luc Évariste, ex treasurer paying general of Yaoundé in judgment for 290 million francs and Alima Priso before the bar judged for a prejudice of 123 million.These two defendants died during the investigation of the case. Nevertheless, the extinction of the prosecution does not exonerate Professor Mendo Ze. All the damage is imputed to him and on this point also, his guilt is required.

Finally, with regard to the defendants Akono Ze Jean Marie, Nguele Ndongo Marie Christine, Abah Abah Polycarpe, Jean Paul Amang Bitegni, Nchotebah Nembongwe Jerome, and Ramsina who is accused of having also improperly collected funds from the RAV for bonuses respectively up to 15.3 billion francs, then 362, 205, 98, 15 and 13 million francs, the public prosecutor found them guilty for failing to have submitted evidence of his innocence. With regard to Jean Marie Akono Ze referred to here as an "expert in manipulation of figures" and whose reasoning consists in making believe that he had left the Crtv during the facts decried and that he can not answer, the magistrate supports that he was still in service and that in this post, he actually increased the value of the collected RAV funds. For this reason, he must be found guilty.

The accused Abah Abah saw his argument tending to admit that no protocol agreement allowed on his initiative to despoil the Crtv swept by the Prosecutor General, for whom this document was put in execution to delight the public funds for personal purposes. The guilt of the last two accused Nchotebah Nembongwe Jerome and Ramsina is based, according to the public prosecutor, on the fact that they have often received bonuses from the RAV "whatever the amount", which makes them potential culprits for embezzlement. public money. Speech to the Crtv and the Ministry of Finance, civil party to this trial on November 22, 2018. The pleadings of lawyers start after and extend to 26, 27 and 28 November.