Marafa, Fotso Lawyers Plead Absence of Evidence in BBJ-2 Case

The battery of defence lawyers submitted before the Mfoundi High Court last Thursday.

Defence lawyers for Marafa Hamidou Yaya, Yves Michel Fotso, Nkounda Julienne and three others, have submitted that the prosecution has not proven beyond reasonable doubt that their clients, allegedly acting in concert, embezzled the sum of 31 million US Dollars (about FCFA 24 billion) meant for the purchase of a presidential aircraft in 2001.

While pleading before the college of judges at the Mfoundi High Court last Thursday September 6 2012, the lawyers said the prosecution had built its case on lies and affirmations rather than relevant evidence. According to Barrister Alice Nkom, irregularities in the composition of the college of judges as well as the Examining Magistrate's refusal to hand the case file to the accused on time were factors weighing in favour of the entire procedure being declared null and void.

For Barrister Achet, the sum of 16 million US Dollars wired by GIA International into BEITH Ltd's account in the Commercial Bank of Cameroon's Douala branch was part of a normal transaction to buy a Boeing 767-200 which CAMAIR was using under a lease contract.

Concerning the acquisition of the BBJ-2 presidential aircraft, Barrister Mandeng Alexandre said the mid-August 2001 meeting at the Presidency ended with the choice of a refinancing mode of payment, through GIA International, of a deposit of 4 million US Dollars and a Stand-by Letter of Credit for 29 million US Dollars. Unknown to his clients, the former Minister of the Economy and Finance, Michel Meva'a Meboutou opted to transfer the money in cash to GIA International through the National Hydrocarbons Company. The lawyer pursued that after failing to deliver the aircraft in March 2002 because of the fallout of the 11 September 2001 terrorist attacks, GIA succeeded thereafter to acquire a BBJ-2 from Boeing which was never collected in October 2002 by Cameroon because the new Secretary General at the Presidency, Jean Marie Atangana Mebara, cancelled the acquisition.

Mandeng said after the declared bankruptcy of GIA in 2004, the State of Cameroon sent Barrister Akere Muna in 2006 to seek the payment of 29 million US Dollars in GIA's keeping. The money was refunded by GIA's liquidator and a Settlement and Mutual Release Agreement signed with each party pledging not to pursue any of the parties before any court.

Presiding Judge Gilbert Schlick, announced a verdict hearing for September 21, 2012.