Bunia, May 16th, 2022 (CPA).- The Irumu Territory Peace Court, sitting in the town of Bunia, has deliberated on the objections raised by the defense of Mr. Christian Utheki in the case opposing him with the honorary governor of Ituri, Jean Bamanisa Saïdi, during a public hearing.
A total of four (4) exceptions were raised by this defense namely; the incompetence of the court asking it to decline its jurisdiction on the grounds that Sieur Christian Utheki is head of works and currently holds the position of administrative secretary general at the University of Bunia (UNIBU), the obscurity of the wording of the exploit which is a judicial contract between the parties to the trial, the prescription of the public action, that is to say the time limit for prosecution for the offense against their client, has already expired and in the fourth exception the same defense has noted that their client benefits from jurisdictional privileges.
In his reply to the first exception, Jean Bamanisa Saïdi’s lawyer argued that the court has jurisdiction over both Christian Utheki and Christian Chauri Bikami, all prosecuted for « harmful charges and insults to a provincial governor « considering that this court has jurisdiction for offenses punishable by five (5) years.
Concerning the status of the defendant Mr. Christian Utheki, counsel for Jean Bamanisa Saïdi indicated that the opposing camp would be confusing the privilege of jurisdiction and the privilege of immunities as well as the time of the commission of the offence, especially since sir Christian Utheki was appointed administrative secretary general after the commission of the offense when the prosecution was already initiated against him. « So he committed this offense as the president of G5 and not as administrative secretary general. There is confusion in the minds of the defense between rank and function.
As rank, the quoted Christian Utheki is head of works but as a function he is administrative general secretary of the UNIBU! Not general secretary of the public administration! He has the rank of head of division not benefiting from the privilege of jurisdiction », argued Jean Bamanisa Saïdi’s lawyer. Compared to the obscurity of wording, he implied that he clearly stated the facts and the offenses for which each defendant was individually prosecuted even in the same direct citation before sweeping away the last exception on jurisdictional privilege.
For its part, the body of the law rejected the prescription raised by the defense given that there were already the investigative acts which had taken place within the limitation period but also the obscurity of wording recognizing any time that Mr. Christian Utheki has the rank of director which is justifiable before the Court of Appeal, which is not the case for Mr. Christian Chauri cited in this case. ACP/