Even though his guaranteed assets have been registered in the State land register, as well as a cheque for 11 billion F deposited at the CDC, Tahirou Sarr is not yet out of the woods, although he has already deposited 394 billion 423 million F Cfa.

Tahirou Sarr remains in prison despite his 11 billion CFA francs in kind guarantee and the maturity of some of his real estate assets between Dakar and Mbane in the Saint-Louis land register. In its judgments 20 and 21 issued on May 2, the Financial Indictment Chamber of the Financial Judicial Pool confirmed that the order for the guarantee has already produced all its effects, having been fully executed.

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She even admitted that the guarantee in kind of the director of the Sofico company satisfies article 140 of the Penal Code after he deposited 394 billion 423 million CFA francs, « which largely covers the entire initial shortfall set at 91 billion CFA francs. »

Can Tahirou Sarr now expect to be granted bail, which he has already been denied? Reasons such as the risk of pressure on witnesses, particularly Treasury officials, fraudulent collusion between the accused and his alleged co-authors and accomplices, bank officials, and the risk of disturbing public order have been cited as reasons for refusing his bail.  In its judgment, the Indictment Chamber asserts that, with regard to the disputes relating to the real estate valuation, the State Judicial Agent did not provide a well-defined reason, allowing the nature of the disputes to be determined, in order to know whether they relate to inconsistencies in the report itself or to the violation of a procedural rule, further maintaining that the irregularity based on the absence of prior communication of the offer of surety to the Public Prosecutor’s Office has become inoperative, especially since, it says, the Public Prosecutor’s Office, much less the State Judicial Agent, had not deemed it necessary to challenge the said order within the time limits.

The Prosecutor’s Policy

It should be noted that the Financial Judicial Prosecutor’s Office has already approved several offers of deposit since taking action. The latest is that of Racine Sy, who put more than 797 million francs on the table to avoid a detention order, as well as several prominent figures in the context of accountability. The Dakar Prosecutor’s Office and the General Prosecutor’s Office appear to be adopting the same strategy, with approval of the deposit policy within the Prosecutor’s Office, which remains one and indivisible.

By Bocar SAKHO / bsakho@lequotidien.sn

  • Translation by Ndey T. SOSSEH