Mise au point d'Aby Ndour
Following the publication of the article mentioning the Aby's Garden case, and given that several elements are reported therein regarding the measure to which I was allegedly subjected in the context of the ongoing investigation, I wish to provide the following clarifications.
First and foremost, I would like to reiterate the context of this case. I was the first to take legal action several months ago, following the discovery of irregularities in the company's management, in order to protect the interests of Aby's Garden, its employees, its suppliers, and all its partners. Several of the legal proceedings I initiated have already resulted in court rulings, some of which are now final. My objective has never wavered: to ensure the continuity and protection of this company, regardless of the difficulties encountered with my business partner. This objective, and this objective alone, has guided every step I have taken.
I formally deny being placed on provisional release, contrary to what has been reported. I will not say any more about the measure to which I am subject, for the reasons explained below.
I would like to remind you that the investigation opened in this case is, by law, covered by confidentiality. This confidentiality is not a mere formality: it protects both the integrity of the investigation and the rights of all those involved, foremost among which is the presumption of innocence. This is why, beyond the preceding denial, I will neither confirm, nor comment on, nor contest in detail the procedural elements currently circulating in the press, even if some of them warrant clarification on the substance of the matter. Engaging in such a public discussion would amount to participating myself in the disclosure of information protected by law, which I refuse to do, out of scrupulous respect for the justice system of my country and for the rules that apply to anyone in my situation.
However, I note that information of this nature, concerning the details of a measure taken during an investigation, can only originate from the disclosure of information covered by the confidentiality of the investigation, whether accurate or not. This disclosure is not my doing. Consequently, I leave it to those who have chosen to communicate this information, whatever its source, to bear full responsibility for it, including before the courts if necessary; it is not my place to substitute myself for them by publicly confirming or correcting what belongs exclusively to the investigation file.
I have complete confidence in the justice system of my country to investigate this case with all due rigor, and I ask for nothing more than respect for the rights of each party, within the framework of due process, until the truth is established. I do not wish to conduct this debate in the public arena or in the press: it is exclusively the responsibility of the competent courts to hear this matter, and it is before them alone that I intend to explain myself.
Finally, I wish to clarify a point that does not pertain to the confidentiality of the investigation itself, but rather to the regularity of the adversarial procedure: the accounting expert report mentioned in the article, ordered by the judge following my initial complaint. To date, this report has not been shared with me in any adversarial manner. Neither I nor my counsel have been given the opportunity to examine its methodology, its precise scope, or the documents on which it is based, nor to formulate any comments whatsoever before it was made public. Yet it is precisely this adversarial process that allows, in matters of court-ordered expert assessments, for discussion and, where necessary, supplementation of an expert's findings before they can be considered definitively established. Therefore, this report cannot, as it stands, be presented as establishing anything definitive, in either direction.
I reserve the right to take any necessary action against the dissemination of inaccurate information or information that infringes upon my rights in this matter. At the same time, I reaffirm that I will respond exclusively before the competent courts, with the respect due to the justice system of my country.
I request that this clarification be published in full, without cuts or reformulation, so that my position is brought to the public's attention in its entirety and without risk of distortion.
ABY NDOUR
Commentaires (9)
Je démenS, by the way...
c'est le français nguéwal qui se passe...reum teum bi teum 😂
On dirait Mina trubinaux yi
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