Thiès: An elderly woman loses a finger after an altercation with a shepherd; the prosecution requests a two-year prison sentence.

The Thiès court of summary jurisdiction heard a case on Friday involving violence that resulted in a 60-day temporary incapacity for work (ITT) in the Diender commune. Shepherd Y. Sow is being prosecuted for assault and battery causing a 60-day ITT to A. Dème, an elderly woman, as well as for illegal possession of a firearm.

In court, the complainant recounted that she was in front of her home when the defendant's oxen allegedly came and devoured her onions.

“I asked him to get his oxen back, but he didn’t answer me. I insisted, but still no reaction from him. I went towards him and he brandished his machete. He wanted to hit my son. When I tried to intervene, I was hit on my left hand. My three fingers were operated on and one had to be amputated,” she said.

The defendant categorically denied this version of events. According to him, his animals never ate the victim's onion.

He explained that when she asked him to retrieve his oxen, he replied that they were on the public road and that he therefore had nothing to reproach himself for. He then claims that the old woman insulted him before attacking him.

"She grabbed the machete which was in its sheath. By pulling on it, she injured her hand. I did not hit her. She is the one who injured herself by pulling on the machete," Y. Sow maintained.

The plaintiff raises the issue of the court's lack of jurisdiction.

Attorney Sy, representing the plaintiff, argued that the facts constituted a criminal offense due to the amputation suffered by the victim. He pleaded the incompetence of the summary court and requested that the case be transferred to the appropriate jurisdiction.

Failing that, the lawyer requested a guilty verdict for the defendant and a sentence to be imposed by the prosecution. He also claimed 10 million FCFA in damages for his client.

The prosecution is requesting two years in prison

The deputy prosecutor opposed the objection of lack of jurisdiction raised by the civil party, believing that the case should remain on the grounds of misdemeanor law.

In essence, he considered that the defendant's explanations did not stand up to scrutiny. According to him, if the victim had actually injured himself by pulling on the machete, he would have instinctively dropped the weapon as soon as he received the first wounds and would not have lost his finger.

The public prosecutor thus requested a guilty verdict for Y. Sow on charges of intentional assault and battery and illegal possession of a weapon, as well as a two-year prison sentence.

The defense disputes the aggravating circumstance.

Representing the defendant, Mr. Sène asked the court to dismiss the aggravating circumstance raised by the plaintiff, arguing that this charge was not included in the proceedings against his client. He maintains that the victim was injured because she held the machete blade while the defendant fired. He believes the injuries were unintentional.

The court has taken the case under advisement.