Morality case and "Sousse": Acquittal for HIV transmission, heavy sentences handed down for unnatural acts

The Thiès court of summary jurisdiction has delivered its verdict in the case of homosexuality and drug trafficking involving driver Baye Talla Diop (22 years old), pastry chef Moustapha Kanté (24 years old), teacher Mor Khary Ndiaye (39 years old), and shopkeeper Ousmane Ndao (31 years old). Charged with criminal conspiracy, unnatural acts, possession and use of drugs, and, in the case of two of them, intentional transmission of HIV, the defendants now know the judge's decision following the hearing on July 17, 2026.

Regarding Baye Talla Diop, the court acquitted him of the charge of unnatural acts, but found him guilty of identity theft, an offense for which he was specifically prosecuted. He was thus sentenced to four months' imprisonment.

Moustapha Kanté and Mor Khary Ndiaye were acquitted of the charge of intentionally transmitting HIV. However, they were found guilty of unnatural acts and sentenced to two and three years' imprisonment, respectively.

Only the defendant Ousmane Ndao was acquitted of all charges against him.

A look back at the statements and confessions recorded in court

Mor Khary Ndiaye, a teacher working in Diourbel, explained during the proceedings that he had rented a studio apartment in the Nguinth neighborhood in anticipation of his transfer to Thiès. He maintained that his co-defendants, Moustapha Kanté and Ousmane Ndao, had simply spent the night at his place. Confronted with the statements made during the preliminary investigation, he eventually admitted to having had sexual relations with Moustapha Kanté, while asserting that he had always used protection.

“I was Moustapha Kanté’s lover , and I used a condom every time I had sex. Of all my co-defendants, I only had sexual relations with Moustapha Kanté. It was the first time Baye Talla Diop and Ousmane Ndao had spent the night in my apartment,” the teacher confided. Mor Khary Ndiaye also stated that he had been HIV-positive for several years, was on regular antiretroviral treatment, and had informed his ex-wife of his health status before their marriage. He also admitted to using the synthetic drug known as “Sousse.”

For his part, Moustapha Kanté confirmed having had a relationship with Mor Khary Ndiaye for several years. He stated that Ndiaye had always assured him he was HIV-negative, specifying that he only learned of his own HIV-positive status following tests conducted during police custody. He maintained that he had always used condoms and mentioned having had male partners in Dakar as well as relationships with women.

“Mor was the ‘ woubi’ and I was the ‘ yoss .’ Every time, he reassured me that he didn’t have HIV. The first time, he took me to an apartment in Dakar where we met other gay men. We even went to Gambia together where we had sex. My parents didn’t know,” the young man recounted. Moustapha Kanté added, “It was Mor Khary Ndiaye who introduced me to the world of homosexuality. It was with him that I had sex with a man for the first time. I always used protection before sex. I don’t know how I contracted the virus.” Investigators also discovered romantic messages exchanged with other men on his phone. He also admitted to using “Sousse.”

For his part, Baye Talla Diop rejected the accusations of unnatural acts, claiming that he had gone to Mor Khary Ndiaye's studio upon his return from Dakar without knowing the activities of the other occupants. Prosecuted for identity theft, he admitted to using a fake female profile on WhatsApp to seduce men and extort money from them during video calls. He also admitted to using "Sousse" (a type of cannabis).

Ousmane Ndao firmly denied all the charges. He explained that he had gone to Mor Khary Ndiaye's apartment after work: "I found the others there and we were talking. I have no particular relationship with any of the co-defendants. Moustapha Kanté is my friend, but we have no sexual relationship. I didn't know they were committing unnatural acts. I don't use drugs."

According to the investigation file, six people were in the studio during the police raid, but two suspects, identified under the pseudonyms "Papi" and "Fallou", managed to escape by jumping from the balcony.

Reminder of the public prosecutor's indictment

In his closing arguments, the public prosecutor argued that the evidence in the case file established the material facts of the offenses with which Mor Khary Ndiaye and Moustapha Kanté were charged, including acts against nature, drug use, and the intentional transmission of HIV. He also maintained that Baye Talla Diop should be held accountable for the charges of criminal conspiracy, identity theft, and possession and use of drugs, while Ousmane Ndao should be found guilty of criminal conspiracy.

The public prosecutor had requested five-year prison sentences for Mor Khary Ndiaye and Moustapha Kanté, three-year sentences for Baye Talla Diop, and two-year sentences for Ousmane Ndao. The court ultimately adopted a more conciliatory approach, handing down sentences commensurate with the charges and prohibiting certain prosecutions.