By Ashu Nyenty*
The Yaounde Military tribunal has ruled this Monday 15 April, 2024 that there will be no live broadcast on radio and television of the trial of 17 persons accused of being responsible, in various degrees, for the torture and capital murder of the famed critical radio animator, Martinez Zogo.
This was the main substance of an interlocutory ruling – a ruling outside the main case – delivered by the presiding military Magistrate, Colonel Misse Njone Jacques Baudouin on day two of the hearing, acceding to a counter prayer made by the prosecution.
The tribunal had adjourned one month ago, when defence lawyers made interlocutory applications and objections on the need to broadcast the hearing on live radio and television so as to ensure transparency in the proceedings and also raised concerns about their inability to have access to the case file, in order to adequately prepare their defence among other issues. The lead military prosecutor had asked for time to prepare his response to the applications and concerns raised.
When hearing resumed this Monday, April 15, 2024, and after the presiding magistrate once again ascertained the identities of the accused persons and their counsels, the Military Prosecutor, Lieutenant colonel Cerline Belinga rose to his feet, took a deep breath and in seriatim, methodically sort to deconstruct the issues raised by defence counsels.
In his submission, Military Prosecutor, Belinga acknowledged that Justice is rendered in the name of the people of Cameroon and that it is essential for a wider audience to follow the proceedings. But he argued that though the current state of the law allows for projection possibilities for even those who are outside the courtroom to follow deliberations, the current state of Cameroonian and international law does not allow TV stations to broadcast court hearings.
He further submitted that the prosecution is under no obligation to provide physical copies of documents to defence counsels, until the same have been tendered in evidence, after a proper foundation has been laid. The tribunal then rose for a thirty-minute recess to take a position.
Upon resumption, the tribunal granted the counter prayer of the Prosecution on no TV coverage as being “inappropriate”.
In his ruling, the tribunal granted this prayer. It further granted the prayer of the defence, with regard to access to the case file and also ruled for the civil party that the state of Cameroon should be vicariously liable for the supervening damage caused to the victims by the elements of the Cameroon spy service (DGRE).
The ‘State’ is now vicariously liable
At this stage the tribunal got stuck in two sticky issues.
The first is that the last ruling of the tribunal raised a lot of dust as it beamed the ambivalent status of the state in this case. Initially, the state was said to be a civil party and now the tribunal is moving the pendulum towards seeing the state as being vicariously liable – because it is the employer, through the DGRE, of 13 of the 17 accused, who allegedly used official means and materials to carry out the offence.
The defence lawyers pounced on this pronouncement to have a field day. Barrister Jacques Mbouny, counsel for Justin Danwe, was categorical that it was “irregular and inappropriate” to continue to have the state as a civil party in the suit. “We did not see the state during police investigation nor in the preliminary inquiry,” he said. With force and persuasive vigour, using a rising and falling tone, he thundered, “the state cannot come in through the backdoor”, the man of law concluded.
Hardly had he taken his seat than his colleague, Barrister Charles Tchoungang, counsel for Amougou Belinga took up the charge. “The status of the state in this trial has to be determined ab initio – at the very beginning”, he claimed. “That is the only guarantee for an equitable trial, not a trial by ambush”, Tchoungang continued. “Let the tribunal not give us the impression that we are in a trial with no equality of arms”, the Barrister concluded.
The second sticky issue was the inability of all parties to communicate a list of their witnesses, as had been requested by the tribunal, to enable the adverse parties to prepare for any eventual cross examination. Some of the defence counsels argued that in this failure, especially on the part of the prosecution, the full consequence of the law should be brought to bear, that is, such witnesses should be barred from being heard.
As the arguments and counter arguments were raging on these two sticky issues, an awkward situation briefly occurred, when the presiding magistrate ignored the prosecution that was asking for the floor. The magistrate was clearly not comfortable that the prosecution was interrupting a counsel who was on his feet and when in a quick move, the magistrate decided to give the floor to the prosecution, the Magistrate simply said, “the court is wise”. The female member of the prosecution then stood up, stretched her gown and with a courteous and smiling face, firmly told the defence counsel that his attire did not meet the standards of courtrooms in Cameroon.
Then the magistrate also seized the opportunity to implore some of the accused persons, including businessman Jean Pierre Amougou Belinga and Police Commissioner, Léopold Maxime Eko Eko, to stop wearing eye glasses in court. “I have noticed right from the last hearing that some of you appear in court with sun shades and non-medicated glasses. You are allowed only medically prescribed glasses, we need to see your demeanour”, the magistrate said firmly.
With these comic and exciting moments and verbal volleys, the crowd could barely hold its cool, with subdued murmurs and some bursting out in laughter, forcing the military Magistrate, to shout in french, “order, order , order” in a bid to bring the public under control.
The accused still have to wait
The arguments on the two issues were such that the tribunal could not immediately rule on them. Colonel Misse Njone was forced to confer with his colleagues of the three-strong panel, to adjourn the case to May 6, 2024, so as to bring in the State as being vicariously liable, communication of lists of witnesses – one of the reasons the case was again adjourned the last time – and the beginning of the trial proper.
For the 17 accused persons and their lawyers, it seemed it was another “wasted day”, because up to this point, and after two separate hearings, they are yet to be asked officially whether they are guilty or not of the crimes for which they are being charged.
But all the accused were visibly in high spirits, as they smiled from ear to ear, discussing generously with well-wishers and acquaintances , who had briefly enveloped them after the court rose.
As in the previous hearing, the Yaounde Military Tribunal outstretched its capacity. The original court benches were easily overwhelmed; forcing Military Tribunal officials to tuck in additional single chairs to accommodate a teeming crowd. This Monday’s court session lasted for close to three hours.
*Ashu Nyenty Chief Unity Palace Correspondent at CRTV. He has a PhD in law , holds a Master’s degree in Political Science specializing in Parliamentary law and First degree and post graduate diploma in journalism. He was trained partly at the University of Oxford and University of Birmingham, all in the UK and is holder of the prestigious Chevening Fellowship award on “What makes democracy work”.
