jailed l'anecdote publisher appeals

By Clovis Atatah & Chantal-Fleur Skaehr (The Post, Buea)

March 6, 2006: L'Anecdote Publisher, Jean-Pierre Amougou Belinga, was Friday, March 3, slammed a four months jail term after he was found guilty of defaming Gregoire Owona, Minister Delegate at the Presidency of the Republic in charge of Relations with the Assemblies, Belinga had accused Owona of practising homosexuality.

The presiding judge, Alexendre Anaba, also fined the journalist FCFA 1 million and ordered Amougou Belinga to publish the judgement in several print and audiovisual media organs (including The Post) at his cost.

He will pay a fine of FCFA 300,000 each day the publication is delayed. Owona was granted his request of a symbolic 1 franc as damages.Both plaintiff, Gregoire Owona, and defendant, Amogou Belinga, were absent from court as Justice Anaba read his verdict to a hushed audience in contrast to the rowdy drama that had played out on the first four hearings of the trial that began on February 14.

Reactions were ambivalent, as some members of the audience, noisily filing out of the courtroom, expressed satisfaction and while others shouted their disappointment.
In his ruling, Justice Anaba observed that on January 24, L'Anecdote published a front cover story of the "top 50 suspected homosexuals in Cameroon."

The plaintiff was on the 5th position. Owona considered this information false and wrote a rejoinder to the newspaper, which was published on January 31. However, in the same issue, L'Anecdote republished the list with Owona still on the 5th position.

Owona considered that these two publications were defamatory and had damaged his honour and reputation.The judge observed that the state prosecution and lawyers for the plaintiff had tried to establish that the publication was false, malicious and had seriously damaged Owona's reputation and honour.

While the plaintiff's lawyers requested the repair of their client's reputation and honour through publications in the media, the state prosecution demanded a maximum sentence.

Defence lawyers, the judge stated, had argued that L'Anecdote did not categorically accuse Owona of homosexual practices, describing him as a suspect.

Amougou produced an audio CD, which contained his "evidence" that Owona was probably a homosexual. The CD contained a recording of a purported telephone conversion with an anonymous source who accused Owona of having a homosexual relationship with a certain Thiery.

Owona is supposed to have started the relationship with Thiery in Douala and later brought him to Yaounde. The defence did not, however, specify the date and time of the purported telephone conversation.

The judge stated that the defence argued that the prosecution had not demonstrated that the publication was malicious and had specifically injured Owona.Basing his judgement on section 305 of the Cameroonian Penal Code and section 67 of the 1990 Law on Mass Communication, Justice Anaba concluded that the prosecution was justified in its claims.

He said Belinga had indeed damaged Owona's honour and reputation by twice publishing unverified and false information. He declared Amougou guilty of defamation.
Since Amougou Belinga was not in court, it is not yet clear whether he would later be arrested and jailed.

But speaking to The Post, Barrister Buba Ndifiembeu, said the judge made a technical error by not specifying whether the sentence is suspended or it is actual imprisonment. Furthermore, the judge did not issue an arrest warrant for Belinga.

Barrister Buba said this implies that Belinga will remain a free man despite the judgement.

Amougou Belinga's lawyers have appealed against the ruling.

The trial that ran for two weeks had raised a lot of passions both inside and outside of the courtroom. On February 14 when the trial first opened, hundreds of anti-gay activists stormed the court premises.

Members of an association known as SOS Jeunesse Libre secured thousands of signatures in a campaign against homosexuality.On the second and third days of the trial, excited cries rumbled through crowds when they saw the defence bringing video equipment and several cassettes to court.

This reinforced claims by Amougou Belinga who had announced that he had volumes of evidence at a press conference in Yaounde. It was widely expected that would produce lurid video evidence.

Yaounde Magistrates Courtroom 5 was always overflowing with people, including scores of intimidating police and gendarmes. On the fourth day of the trial, February 28, there was deafening applause when Amougou walked into the courtroom.
Conversely, Owona was booed. This session was the turning point in public opinion.
The prosecution went on the offensive, challenging the defence to produce the much-touted video evidence and all other evidence that they may want to tender in court.
Defence lawyers fired back, claiming there was plenty of evidence that would be produced when the time comes. They tried to delay the hearing of the substantive matter, but the judge did not allow them.

When evidence was demanded, it was an audio CD of a purported telephone conversion that the defence produced. Murmurs of disapproval filled the courtroom. Upon cross-examination, Amougou cracked, admitting grudgingly that he did not have incontrovertible evidence against Owona.

On the fifth day of the trial, Amougou's lawyers announced to a surprised audience that their client was sick and had been hospitalised. During this session, Owona's lawyers in dramatic presentations portrayed their client as a "living corpse".

They announced that Owona was on the verge of resigning from cabinet following hostility against him due to the publication. At one point, Owona broke down and wept.
March 3 was verdict day. The courtroom was not as congested as on the previous sessions.

Both Owona and Amougou were absent. Outside, no anti-gay activists yelled. After Justice Anaba's verdict, the mood in the courtroom was that of an anti-climax.