Eloundou Elomo's demand was deemed on Thursday March 28, 2013 inappropriate by the SCC.
One of the accused in the case pitting the Ministry of Finance (MINFI) against five of its staff for the double payment of a FCFA 75 million contract, Charles Armand Eloundou Elomo was denied bail by the Special Criminal Court on Thursday March 28, 2013. His lawyer, Barrister Guy Charles Mbassi formulated the request to the court after the latter observed that the sitting could not go on normally because one of the accused, Joseph Olinga, could not afford a lawyer.
In formulating his plea, Barrister Mbassi cited Section 8 of the Criminal Procedure Code (CPC) to remind the court of the principle of presumption of innocence still shielding his client before anchoring on Section 301 of the CPC which provides that where a case is not ready for hearing, the court shall adjourn to its very next sitting and may order the release of the accused on bail. The defence counsel drew the court's attention to his client's assiduity throughout proceedings. "We call on the court's equity. My client has been in prison for two years. Keeping him imprisoned would be tantamount to condemnation," he argued.
In rejecting his plea, Presiding Judge, Justice Yap Abdou questioned whether the court could grant bail to the accused when the punishment for the offence could be life imprisonment. "They pleaded not guilty but are delaying proceedings. Your client is doing his best but Joseph Olinga is blocking the process," he said, visibly angered that Joseph Olinga could not afford a third lawyer since the beginning of proceedings.
Even an offer from one of the defence lawyers, Barrister Francis Bipan, to defend Joseph Olinga was rejected by the court for incompatibility of his client Mrs Moussoua Moukete's file and that of Joseph Olinga. Justice Yap Abdou adjourned the matter to April 16, 2013 to enable the assignment of a new lawyer to Jospeh Olinga, the presence of accused Moussoua Moukete and counsel for the civil claimant, the State of Cameroon.
According to the charges, Joseph Olinga, Eloundou Elomo, Talla Feuneu, Bayeck Samuel and Mrs Moussoua Moukete Hervée Lucienne are alleged to have effected the double payment sometime in 2011 to an enterprise, CEGELEC, after the latter completed an electrification contract for the Yaounde City Council. First prosecution witness, Arnauld Philippe Ndzana from the Yaounde City Council testified on February 4, 2013.
