Prosecution Turns The Heat On L'Anecdote Publisher

By Clovis Atatah & Chantal-Fleur Skaehr

The Yaounde Magistrate Court Tuesday, March 28, began listening to evidence tendered by one of the journalists who was dragged to court for publishing a list of 50 suspected homosexuals.

Jean Pierre Amougou Belinga, Publisher of L'Anecdote (defendant), produced the highly awaited "evidence" against Gregoire Owona, Minister Delegate at the Presidency in charge of Relations with the Assembly (plaintiff) as the court began hearing the substantive case in the fourth day of the trial.

L'Anecdote's Publisher began producing the "evidence" after futile attempts by his lawyers to delay the process. There were murmurs of disappointment in Court Room 5 when it turned out that the "video evidence" that Amougou was widely believed to possess was an audio CD.

"Evidence" on the audio CD was a purported telephone conversation between Amougou Belinga and an unnamed person in Douala, who claimed that Gregoire Owona was involved in homosexual practices. The anonymous caller promised to provide evidence when the time comes. Lawyers for Owona, whose wife accompanied him to the hearing, however, challenged this evidence arguing that it was doubtful.

The courtroom was full and the premises of the courthouse were crowded with curious members of the public who were anxious to watch the video evidence. The crowds were attracted by the fact that the defence had in the previous session, brought video equipment to court, suggesting that they had video evidence.

The court session opened with fireworks as Owona's lawyers challenged the opposing side to produce the evidence they had been bragging so much about. Prosecution lawyers claimed there were legal shortcomings to some of the evidence the defence had tendered but they were willing to admit it because they wanted to clear their client's name. Owona's lawyers expressed willingness to accept any evidence the defence team wanted to produce.

They also said they wanted to hear the experts and witnesses the defence team had promised would testify in court. They argued against further delays, insisting that all they wanted was the evidence the defence had against their client. They doubted that the defence had evidence, accusing the opposing camp of delay tactics.

A lawyer for the plaintiff said journalists in the most part are responsible people who gather the facts with accompanying evidence before going to press. In that case, a journalist already has evidence before he/she is dragged to court. In the case of Amougou Belinga, he pointed out, the paper claimed their publication was based on a three-year investigation. It was therefore not necessary, he argued, for them to be trying to get evidence only now.

Defence lawyers fired back, pointing out that they were not afraid of producing evidence. A defence lawyer actually drew applause when he said, "We have evidence … we will show your client [Gregoire Owona] what he did when the time comes."

Defence lawyers pointed out that they were not yet ready to start producing evidence because they first wanted to clear certain legal ambiguities in the matter. They said their witnesses were not in court.

The presiding Judge, however, ruled that the defence team should present the evidence in their possession.

They brought forward a Yaounde-based journalist, Gilbert Tsala Ekani, whom they referred to as an expert in communication with international repute. Ekani explained the concept of anonymity in journalism. They also played the CD containing the telephone conversation.

Upon questioning, Amougou Belinga appeared to be cornered. He admitted not having incontrovertible evidence, explaining that they were not affirmative in their publication and referred to Owona as a "suspect".

Owona's lawyers equally brought forward their client who refused ever indulging in homosexual practices. He said l'Anecdote's publication had seriously damaged his reputation and exposed his family to ridicule.

The Judge called a recess at 5.30 pm. When the session resumed at 6.30 pm, the Judge observed that there were no lights and adjourned the session for Wednesday.

In an earlier suit that Tuesday, between Gregoire Owona and Biloa Ayissi, whose newspaper, Nouvelle Afrique, also published the list of suspected homosexuals, defence lawyers raised an objection on the neutrality of the Judge. The Judge fixed ruling on the objection for March 14.

When the trial resumed around 12.30 pm on Wednesday, March 1, Owona's lawyers and the state prosecution, observed that Amougou had not produced the much-trumpeted evidence. The lawyers, making allusions to the damage the publication had on Owona, described him as a living corpse. They sought to establish that L'Anecdote's publication was false and malicious. Owona's lawyers requested a symbolic 1-franc as reparation for damages.

According to Owona's lawyers, their client was more interested in reclaiming his honour and reputation that the publication had seriously damaged. They equally requested for the publication of the judgement in many print and audio-visual media organs that they listed.

For their part, Amougou's lawyers insisted their client was in court for defamation and not to provide evidence on homosexuality. They tried to establish that their client had not been affirmative and that it was not his fault if the public had misunderstood him. The defence lawyers also argued that Amougou was not malicious, adding that he had not caused any specific injuries to the plaintiff. At press time Wednesday evening, the defence lawyers were still presenting their case.

Comments

[Dr. A. A. Agbormbai]

This is shambles. Why raise so much alarm without incontrovertible evidence? This is a disgrace. The Cameroon press needs to grow up.

[Riccardo]

Homosexuality is purely a private matter.
Unless someone brakes the laws, I don't see why we should waist our time and ressources in this matter.
Government will never regulate what people do in their bedrooms.
We have more urgent matters to take care of.
Let's focus in retrieveing what Corrupt Cameroonians have stolen from our Country.

Riccardo
CAADIM

[Tabison]

Homosexuality should not this much distract our attention from practical isues like corruption, alarming poverty, drastic unemployment and you name the rest . After all we undoubtedly knows those top ranking government officials homosexuals.
The current wave of arrest are mere camouflages. Anything about corruption should be more than this. Government officials should respect the law they themselves promogated and declear their asserts, get those who are promoted as consideration for outright currupt practices. They are visibly in active service today.
If things cannot work out, I suggest cameroon be Privatised for it shall surely be better managed if this is done.

[muna frank]

Tabison,
is homosexuality distracting our attention from practical issues like corruption? You think responsible journalism or lack theroef is not an alarming issue in the country? By the way, maybe u should go to court and present the "undoubted" evidence that "we" all know about tope officials being homosexuals.

I gather from your posting you're not a scholar.

[papawata]

i am very amaze at the speed at which the court is handling this matter is it because an Owana is involved?

[Willie]

Evidence or not these guys are known homos. All the court prosecution is all bullshit.

[Henriette]

I would suggest Jean Pierre Amougou Belinga creates the first (anti) gay magazine in cameroon, all articles will have an "appropriate" outraged- disgusted- enraged tone necessary to cover the unambiguous voyeurism. I would also suggest more sallacious headlines, but since all of Cameroon's gay have been "outed" with the headline "La Liste Complete des homosexuels du Cameroon", I would suggest just cooking up other stories with weird twists, anatomical details, obscure characters, you can even cook up pictures, now that would be a seller, but not without the ever "appropriate" disgruntled comments: otherwise week after week, some readers will feel that they have been appropriately disgusted enough.

[Kumbaboy]

Riccardo, I am vexed to agree with you. This homosexuality trial is an innuendo. If the journalist has no evidence then he should be jailed to the extent permitted by law.

Mr Gregoire Owona is full-bodied heterosexual.

The issues at stake are more important. These include poverty alleviation and the annexation of Southern Cameroons.

[Ephange]

Please Can Someone translate this text for me? Biya's a mess!!!

Selon les journaux camerounais, l'actuelle campagne anti-corruption qui secoue le Cameroun pourrait gagner le milieu du sport camerounais, plus précisément la Fédération Camerounaise de Football (Fecafoot). L'actuel président de la Fecafoot, Iya Mohammed, ainsi que d'autres personnages influents de la Fédération (Jean-René Atangana Mballa et David Mayebi) auraient été entendus hier mardi.

C'est que le Cameroun, nation phare du football africain, quadruple champion d'Afrique, et champion olympique, ne dispose à ce jour d'aucun stade correct où on peut disputer une rencontre internationale de football. La dernière CAN organisée remonte à 1972 (autant dire une éternité!). Et surtout, l'argent généré par les participations à diverses compétitions a toujours été géré de façon opaque, (sponsoring puma, financement fifa...etc). Les prochains jours devraient permettre d'avoir un peu plus de clarté sur ce dossier.

Par ailleurs, Akono Zé, ex responsable de la redevance audiovisuelle à la CRTV, aurait été libéré après sa rocambolesque tentative de fuite à destination du Gabon avec deux mallettes pleines de billets. Les journaux locaux voient dans cette potentielle libération (si elle est effectivement confirmée) une indication tendant à montrer que l'ex-inamovible directeur de la CRTV, le professeur Gervais Mendo-Zé, ne serait pas visé par l'actuelle campagne malgré sa gestion pour le moins contestée (c'est un euphémisme!) de la télévision nationale...

[Tainted Child]

Time out you all. Unless you know something the rest of us don't, quit accusing folks of homosexuality, else you too would be guilty of giving credibility to what is at best a red herring. There are countless other pressing issues that plague our immediate surroundings.

With regards to the poor "journalistic" practices of unscrupulous publications who are quick to point the finger at "Gays" willy nilly, their house of cards will soon come crashing down and the truth will return to haunt their respective charlatans. The charade can only last for so long, player!

On the upside: this moment will be remembered as an important watershed in press freedom in years to come. I do not recall any time in our brief history when so many government officials and public figures have been openly accused by newspapers, with such impunity.

So as much as the whole homosexuality hoopla exposes the juvenile tendancies of many of our jounalists and kin folks; this episode is a welcome test case for the judiciary. It will set a precedence for future libel actions.

Lets follow the Owona vs L'Anecdote case with bated breath.

[Tonyman]

Inasmuch as many high-profile government officials might be homos, it remains more of speculation than fact without evidence. After raising a can of worms, Belinga is totally unable to defend his point. Legal action should be taken against him if he continues babbling. That will set a precedent to unscrupulous journalism.

[slu]

Uoops!!!!!!!, so the courts in Cameroon can be this fast? If all issues in the Cameroon could be handled, as a matter of urgency as this one has been done, then we will be happy. Is it because he is a " he is a gov't official”. Every day we hear of Cameroonians losing their lives in funny ways to other mad Cameroonians who feel they have the laws in their hands and yet there have been no feet back on news if any of the cases are being investigated. Today because the some "senior citizens are accused of homosexuality" the justice department is rushing to solve the matter life an ambulance rushing to a fatal accident scene.
How does homosexuality concern us? Please you big fishes don't need to clear your name to us Cameroonians on your choice of being homosexuals or not. There are other things that the nation needs to clear on.

[slu]

Uoops!!!!!!!, so the courts in Cameroon can be this fast? If all issues in the Cameroon could be handled, as a matter of urgency as this one has been done, then we will be happy. Is it because he is a " he is a gov't official”. Every day we hear of Cameroonians losing their lives in funny ways to other mad Cameroonians who feel they have the laws in their hands and yet there have been no feet back on news if any of the cases are being investigated. Today because the some "senior citizens are accused of homosexuality" the justice department is rushing to solve the matter life an ambulance rushing to a fatal accident scene.
How does homosexuality concern us? Please you big fishes don't need to clear your name to us Cameroonians on your choice of being homosexuals or not. There are other things that the nation needs to clear on.
And you Mr journalist,what puzzles me is you cannot bring out the hard evidences you were talking of. Did you want to make fast cash by selling you paper so fast.You better start talking or my friend you will be sorry, i mean very sorry for yourself.

[Dyna Ngoy]

Article 347 of the Cameroon Penal Code criminalizes sexual contact between members of the same sex with a penalty of six months to five years in prison and a fine of CFA francs 20,000 to 200,000. If the prohibited acts are carried out with a minor of sixteen to twenty-one years of age, the penalties are doubled. Homosexual acts both between men and between women are illegal in Cameroon

In this regard, the State has a case against those accused of practicing homosexuality. The People of Cameroon vs Homosexuals. If found guilty, they should be sentenced accordingly.

The State Counsel or Procurer General should as a matter of duty open a case file on the matter and investigate those listed in the same way as they are currently doing for those accused of corruption. A criminal offense is a criminal offense and should be treated as such; whether it is homosexuality, embezzlement of public funds, rape, murder, theft or what have you. No double standard!!

[yufanyi]

I think we have to view it as an issue of great importance for it is not allowed by law,but when a press publishes names of individuals without prove it is shameful to the Press(especially in Cameroon).On the otherhand,this might have gone through negotiations between the plaintiff and the defendent,as we all know "nothing pass arrangement in Cameroon".I think L'Anecdote has writing fiction in it newspaper to make money.Imagine he published the video in court,do you think Any government official will allow this to happen infront of his eyes because he wants to prove himself innocent.

[Njifenztbd(U.K)]

Dear Mr.A.A.Agbormbai

The court session is still on course.The journalist and his team of lawyers have said they want certain ambiguities to be cleared off before they present their video evidence.
You have to permit these two reporters to finnish their story once court session kicks off again.Avoid sweeping statements about Cameroon press.There is nothing disgraceful yet.We donot know yet if this allegation is true.Wait for the final result of all court hearings; Mr.A.A.Agbormbai.

[JB Samba]

Wonders shall never end.
How long did the Preliminary Investigation (PI) into the Kohtem murder case take?
To what extent has the case gone?

Was any PI done in this case of homosexuality?
What were the outcomes if any?

We are already seeing the end point of this case even before the case has actually begun (a la maniere Camerounaise).

Oh SHAME OOO.. !!!!

[frank muna]

JB Samba,
The way I've seen the case, it is not a criminal procedure, and it is a case brought by a private citizen against another private citizen. I haven't seen any mention of public prosecutors and I the author states that the plaintiff is asking for a symbolic 1 franc. Now even novices in law like me know that PI's are not usually used in this kind of cases since they are civil in nature, if at all u understand what that means. Once again, people like you go around just making empty noise.
frank

[frank muna]

JB Samba,
The way I've seen the case, it is not a criminal procedure, and it is a case brought by a private citizen against another private citizen. I haven't seen any mention of public prosecutors and I the author states that the plaintiff is asking for a symbolic 1 franc. Now even novices in law like me know that PI's are not usually used in this kind of cases since they are civil in nature, if at all u understand what that means. Once again, people like you go around just making empty noise.
frank

[William Mbu]

It's really a shame! Cameroon has serious moral and corruption problems that need to be looked into by the courts than spending the tax payers' money to clear the name of Owana. Who cares about his sexual orientation. The country is dire need of Accountability from the top Gov't Officials. Here is another sign of how the government is misdirecting her resources.

[Ekeke]

Some of you guys don't know the difference between a civil suit and a criminal case. Owona's case is a civil suit. It is up to the gov't to file criminal charges against those presumed to be homosexuals if they have sufficient evidence.

[Roki of Shanghai]

OH i get it now.

[stacy]

are all you people insane. what is wrong with people especially us cameroonians. people being sued because they printed something in the paper may it be true or not, politicians who are or may not be gay, school girls being dismissed from schools because they are lesbians - have you people ever heard of the 21st century or something call privacy. so what if all these people are gay, who gives you the right to judge, have you looked at yourselves laterly, none of you are perfect.

people in glass houses shouldn't throw stones. there are more important things wrong with our home country why cant people in power use those powers to fix them rather than use their power for dumpass things.