On Saturday February 17, 2024, the named OD was found guilty of murder by the criminal chamber of the Bobo-Dioulasso Court of Appeal, during the criminal proceedings in Orodara. He was sentenced to 11 years in prison.
OD is a farmer by profession, domiciled in sector 4 of Orodara. He has never been convicted and enjoys all his mental faculties. On April 12, 2022, the accused went himself to the Orodara territorial gendarmerie brigade to inform, after having committed a murder. The latter explains to the gendarmes that on the day of the incident, he went to his cashew nut field. When he arrives, he finds that someone has already gone ahead of him collecting the cashew nuts. From a distance, he notices that the individual took out his cell phone and then began to photograph him. He asks her to immediately delete all photos taken in the field. Something this individual refused to do. In addition, he takes a fighting position against him. This is how an altercation arose between the two individuals. Suddenly, OD uses his machete and strikes him several times in the head and other parts of the body until he pins the victim to the ground. Thanks to the help of local residents, the victim was transported to the Medical Center with surgical branch (CMA) in Orodara where she succumbed to her injuries a few hours later. Informed of the situation, the Faso prosecutor at the Orodara high court contacted the investigating judge to open a judicial investigation.
“The field belongs to my father”
The investigation led to an introductory indictment for the indictment of OD. Subsequently, the investigating judge issued an order for his indictment before the Bobo criminal chamber. The accused therefore appeared at the bar this Saturday, February 17, 2024 to answer to the facts of murder. In his defense, he did not fully admit the facts. “The field belongs to my father. We are the ones who planted the cashew trees. When I went to find him in the field, he was also holding a machete and he even threatened to kill me. It was to defend myself that I gave him these machete blows,” he declared on the stand. The victim’s son became a civil party in the case while demanding compensation of 4 million CFA francs. During the debates, he clarified the facts. “The disputed field has belonged to my grandfather for years. The father of the accused here was my grandfather’s worker in the field. Otherwise, he is not the owner of this field,” he explained before the Court.
The inadequacies of the land law
For the prosecution, the facts of murder alleged against the accused are established. In this case, he requested that he be found guilty and sentenced to a prison term of 11 years. In addition, he requests the confiscation of the machete used to commit the offense. The defense lawyer, while recognizing the despicable act caused by his client, nevertheless asked for leniency from the court because the land law has many inadequacies that will have to be resolved. For his argument, the matter has already been brought to the customary authorities who have not found much common ground. After the contradictory debates, the Court delivered the verdict. She found him guilty and sentenced him to 11 years in prison. She also ordered the confiscation of the machete and the payment of 4 million CFA francs in damages to the victim.
Ben Alassane DAO
Djibrilou DIALLO in Orodara
