AIDS Fund Case - Olanguena's Lawyers Deny Client's Guilt

A battery of lawyers defending former Public Health Minister Urbain Olanguena Awono, told the Special Criminal Court yesterday July 15, 2013 that the prosecution had not proved that their client had embezzled the sum of FCFA 80 million on a fictitious treated mosquito bed nets supply contract as well as FCFA 11 million to produce his book "AIDS in Africa."

Addressing the panel of judges headed by Mr. Justice Francis Moukoury, Barrister Antoine Marcel Mong said the case mounted by the legal department against his client was based on false allegations and constituted an insult to his probity. He demanded Olanguena Awono's acquittal because for the real wrongdoer, Yves Rodrigues Nsoe Mbella, the owner of Vision Sarl who received money but did not supply the bed nets had before his escape from detention confessed committing the crime.

Furthermore, Barrister Mong said Nsoe Mbella had forged documents and signatures to obtain payment for the fictitious contract with the complicity of some staff of the Ministry of Finance. "The Chief Stores Accountant and the Financial Controller assigned to the Ministry of Public Health as well as the Paymaster General all turned blind eyes to Vision Sarl's bills and pay vouchers that were full of irregularities. It was in 2007 that Minister Olanguena discovered the payment had been made fraudulently and filed a complaint for the forgery of his signature," explained Barrister Mong.

On his part, Barrister Assamba said it was wrong for the prosecution to allege that the contract of acquisition signed between the National AIDS Control Committee and Editions Privat publishing house in October 2006 to acquire 3,000 copies of Olanguena's book "AIDS in Africa" for FCFA 11 million, was a precondition for its production and a subtle way by the former health minister to fraudulently fund his book. He said a cheque was issued by the National Sinking Fund on January 23, 2007 whereas the book was effectively put on sale on January 4, 2007, and not after the payment as prosecution had claimed.

French-born Defence Lawyer, Richard Sedillot, said it was clear in Article 1(4) of the publishing contract between Olanguena Awono and Editions Privat that the latter was funding the production of the book.

As at press time, defence lawyers for other co-accused were filing past the panel of judges to present their submissions. The hearing continues today, July 16, 2013. Former Health Minister, Olanguena Awono is accused alongside Dr Feuzeu Maurice, Wang Hubert, Nsoe Mbella Yves Rodrigues Junior (on the run) and Dr. Chia Rose for the alleged embezzlement of FCFA 287 million. Onana Belibi and Dr Okalla Abodo are alleged accomplices in some of the acts that occurred between 2002 and 2006 in three programmes to fight AIDS, malaria and tuberculosis.