refusal to take the animal back, Boussourou left the monkey in the latter,s
compound and went away. However determined at all cost to have his
money, he
returned almost every day to the residence of his contracting partner
to demand
the return of his money.
5. On the night of 13 February,2014, when he returned to Mariam's house,
she
ordered him never fo sef footin her house again. Furious, Boussourou
rushed to
the home of a neighbouring family, fetched a machete, rushed back into
Mariam's living room and repeatedly struck her on the head and feet
until she fell
unconscious.
6. ousmane
Diabat6, Mariam's son, who came to the rescue of his mother, was
also wounded by Boussourou during the scuffle. lt was then that
the neighbors,
alerted by the cries of Ousmane, apprehended Boussourou and handed
him over
to the Police.
7
- Following an investigation ordered by the Public Prosecutor's Office, Bousourou
was charged with the offense of inflicting simple bodily harm. The case
was
forthwith brought before the Court of First lnstance of Bamako District
V.
8'
At the public hearing of 20 February, 2014, the Public prosecutor asked for
the
accused to be released on grounds of dementia.
9'
On 27 February, 2014, the trial court dismissed the plea of the public prosecutor
and sentenced Boussourou to one year imprisonment for the offence
of inflicting
simple bodily harm. The Court however reserved ruling on damages
on the
ground that the complainant had not yet produced evidence
of the alleged
incapacity to work.
10.
counsel for Boussourou appealed against that decision on the same day.
11' ln its judgment of 24 March, 2014, the Court of Appeal, considering that
the Trial
Judge left the case inconclusive for having not taken a decision on
civil damages,
3
flQ
4