The trial of Baye Modou Fall, alias Boy Djiné, Maurice Diatta and Abdou Seck was held yesterday at the ^3rd Criminal Chamber of the Dakar Court. Well undermined, the accused Baye Modou Fall, in a clear speech, returned to his escape from prison, the spectacular seizure of his vehicle that was sealed at the Dic, the burglary of the store "L'abreuvoir", at the Sodida, among others. The Public Prosecutor's Office requested 8 years' imprisonment against him and 5 years' imprisonment against Abdou Seck and Maurice Diatta. 

Baye Modou Fall, alias Boy "Djinné", Abdou Seck and Maurice Diatta were called, yesterday, to the helm of the Criminal Chamber of Dakar. The first, prosecuted for theft committed at night with break-in and use of vehicle, sealing offence, criminal association, money laundering, forgery and use of forgery and escape from prison, pleaded guilty. As for his co-accused Maurice Diatta and Abdou Seck, they refuted the facts of which they are accused; they are charged with criminal association, robbery in a meeting committed at night and concealment of criminals.

Following his escape from Reubeuss prison, Baye Modou Fall perpetrated a burglary in a beverage depot store

According to the economy of the facts, on the night of December 2 to 3, 2015, Baye Modou Fall alias boy djinné escaped from prison. The young man had been staying there since 2007. The night he escaped from the citadel of silence, he slept at the home of his former cellmate Abdou Seck in Yoff. According to the elements of the investigation, on the night of 5 to 6 November 2015, a drinking depot near the Sodida, in this case " The Drinker " was burglarized. The deposit belongs to the named Faboré Kanaté.

The latter referred the matter to the Research Section, which opened an investigation. And Boy "Djinné" was quoted in this case. Indeed, thanks to the geo-location and a requisition to the Sonatel and the operation of the surveillance cameras, the gendarmes managed to identify the owner of one of the three telephone numbers listed. Arrested, the named Maurice confesses his participation in the burglary and balances his alleged acolytes that are Abdou Seck and Boy Djinné.

It is only a few days after the burglary that they will be arrested.

Boy "Djinné" had in his possession, at the time of his arrest, false diplomatic passports of Guinean Bissau nationality

At the investigation, Boy "Djinné" acknowledged the facts. According to the investigators, Baye Modou Fall alias Boy Djiné had come to this store during the day and had asked to use the toilet. Given the structure of the store because of its immensity, he decided to hide there. It was at 11 p.m., when the merchants had lowered their curtains, that he took advantage, according to investigators, to steal the money that was in the store.

The civil party Faboré Kanaté argued that the amount stolen amounts to 42 million CFA francs. "When I arrived, I found my scattered belongings, the safe was at the bottom. I did not see any trace of break-in on the store gate. I noticed a break-in at the ventilation level on the second floor , "said the civil party. " There's a video that shows Boy Djiné busy in my office. None of my employees knew how I was hiding my money ," he said.   Even if he acknowledges the facts, Boy "Djinné" refuted the amount advanced by the civil party. According to him, he took only the sum of 500 thousand CFA francs.

Fugitive pleads guilty and confesses to the course of events

Returning to his version of the facts regarding the theft of which he is accused, Baye Modou Fall says : " I was about to take a taxi, I saw two prison officers  whom I recognized. Believing they were looking for me, I broke into the drink depot. I pretended that I wanted to go to the bathroom and I took the opportunity to hide. I lasted there ." In a clear speech, the accused continues : " During this time, I was looking for a way out. That's where I saw the aeration. Next to it I saw a socket and a charger and I took the opportunity to recharge the battery of my laptop. I called Abdou and told him to come and join me at Sodida."

"While waiting for him, I accidentally saw sachets containing money. The money was on the ground. I took a sachet that contained 500 thousand CFA francs," he admits. He nevertheless states that the civil party's office was not closed. Without giving more details about the modus operandi of his escape, he said he slept in Yoff at Abdou Seck's house because the furnished apartment he had found was not yet available.

On the sealed vehicle stolen from the Dic, the main accused declares to recover only what belonged to him

On the broken seal, Boy "Djinné" explains that he simply recovered his property. Indeed, he says, he had echoed that his BMWX brand car which is worth 15 million CFA francs was driven by the commissioner. With regard to the Guinean and Gambian Bissau diplomatic passports found by him at the time of his arrest, the accused acknowledges that the Guinean Bissau passport was a false document. According to him, he obtained it for 200 thousand CFA francs. However, since the preliminary investigation, he has exonerated his co-defendants, as for the charge of theft. According to him, he acted alone, allegations which Maurice Diatta and Abdou Seck corroborated.

The civil party claims 100 million CFA francs for compensation for the damage caused. The Public Prosecutor's Office, meanwhile, requires 8 years of imprisonment against Baye Modou Fall and 5 against his co-defendants

In his pleadings, counsel for the civil party for whom the facts of theft are constant, claimed the sum of 100 million CFA francs to compensate his client. He requested that the decision be accompanied by provisional enforcement and that the defendants pay the fine jointly and severally. Following the plaintiff's lawyer, the prosecuting authority requested both the prosecution and the defence. Indeed, he requested the acquittal of the defendants for the head of criminal association. After confusion of sentences, he requested 8 years against Baye Modou Fall and 5 years against Abdou Seck and Maurice Diatta.

Following the advice of the latter who asked for the pure and simple release of their clients, Boy Djiné's lawyers did the same. "Because of the notoriety of Baye Modou Fall, the case that should have been tried before a criminal court is brought before you ", noted Mr. Tall. Like his predecessor, in this case Mr. Senghor, he points out that in this case, the mountain gave birth to a mouse. After requesting the release of their client for the other counts, the lawyers requested the reclassification of the count of theft committed at night with break-in in simple theft. Because they say, break-in, there was none.

With the case under advisement, the Chamber will issue its decision on 24 November.