Court refuses to unfreeze Michel Fotso’s bank accounts

Hopes of seeing an early end to one of the two trials involving Yves Michel Fotso, the former General Manager of the defunct national carrier, Cameroon Airlines, Camair, at the Yaounde Special Court, SCC, now appear dashed.

The court on Monday, July 27, 2015, rejected Fotso’s request to have his bank accounts unfrozen. He is accused of embezzling FCFA 32.4 billion in the course of the liquidation of Camair in Phase II of the trial. The Special Criminal Court adjourned the matter to August 7, 2015.

Advocate General, Mr. Justice Omam Fils, had on July 2, 2015, rejected the request to unfreeze the accounts to enable Yves Michel Fotso fulfill the terms of a reimbursement deal reached with Camair’s Liquidation Committee.

The trial team was led by Mrs. Justice Virginie Eloundou, accompanied by Mrs. Justice Siewe Yvette and Mrs. Justice Hayatou Zakiatou. In reaction, one of Fotso’s counsel, Frenchman Barrister Dominique Inchauspe, had argued that there was no legal basis for denying the request on the pretext that the accounts might contain proceeds from embezzled funds.

Barrister Inchauspe pointed out that before ordering the freezing of the said accounts, no investigation was carried out to ascertain the source of the money. In unfreezing the accounts, Yves Michel Fotso will be able not only to reimburse the amount he is accused of having embezzled, but also pay civil claims, Barrister Inchauspe argued.

In a passionate tone, Fotso pleaded with the leading judge, Mrs. Justice Virginie Eloundou, to cause the unfreezing of his accounts, arguing that as the situation stood, only banks were benefitting – not the State that ordered the embargo. He said as a good citizen, he wanted to comply with the law setting up the Special Criminal Court by reimbursing what he allegedly embezzled and should be given the opportunity to do so.

On his part, Counsel for the State, Barrister Sama Francis Asanga, recalled that Yves Michel Fotso was charged in Phase II of the Camair Liquidation corruption trial for embezzling FCFA 32,444,316,370, not the FCFA 1.3 billion frozen in his accounts. “The law is hard, but that is the reality,” he pointed out.

Another counsel for the accused, Barrister Antoine Mandeng, reacted angrily to suggestions by Barrister Sama Francis that the State reserved the right to demand losses caused it by the embezzlement. He pointed out that this was inconceivable because they had already reached a deal with the Camair Liquidation Committee for the reimbursement of the embezzled amount and losses.

According to Barrister Mandeng, the State is indivisible and there can be no question of Camair Liquidation Committee and the State seeking civil claims for the same matter. After the suspension of the sitting for about 20 minutes, the trial resumed only for Mrs. Justice Virginie Eloundou to announce that it had been adjourned to July 17, 2015; then later to July 27, 2015.