By Kemeseng Sanneh (Kexx)
Criminal trial against Aisha Fatty at the high court in Senegal proceeded on Friday, 31st May and has been adjourned till next Friday, 7th June.
A second criminal case is expected to resume on the same day in the same court.
The cases arise from a complaint lodged by Aisha Fatty’s former intended husband, Abdoulaye Thiam, who accused her of blackmailing him by threatening to share his nude video and pictures if he continued the civil suit against her in The Gambia.
Upon her arrival in Senegal, Aisha Fatty was arrested and detained by cyber security agents for blackmailing through WhatsApp messages and video.
Last Friday the case was called before the High Court in Senegal. Aisha Fatty was present in court while Thiam’s lawyer conveyed that Thiam was absent.
The Judge informed that she was new in the case even though she had gone through the records. She proceeded to read the charges to Aisha. The charges alleged that Aisha had threatened to distribute Thiam’s nude video and pictures without his consent allegedly during a video call between the two. She requested Aisha’s reaction.
In response, Aisha denied ever videotaping Thiam, distributing the alleged video, or picture or threatening to do so. She explained that all the nude videos or pictures she ever had of Thiam were recorded by Thiam himself and sent to her and that they had a mutual video calls, five times or more, mostly requested for by Thiam, emphasizing that the videos she possessed were all sent to her by Thiam.
Aisha insisted that she had not shared a video/picture or made threats via WhatsApp to Thiam when shown messages from a South African number and a WhatsApp message that displayed her mother’s picture as the profile.
Aisha maintained her position denying the allegations and she further informed the court that the phone number in question did not belong to her. She stated that she did not know the user of the number. She added the picture on the WhatsApp number is her mother, but the user is not her, neither the number, noting that anyone can put any picture as profile.
She requested from the Court for Thiam to be present or invited to indicate which particular video he was referring to and which number had supposedly been sent to him.
At this point, the court requested a charger and plugged Aisha’s phone for some time. When the phone came on, the panel of three judges and the prosecutor in the presence of Aisha and lawyers from both parties went through the phone and found no video, pictures or threatening messages as alleged.
When questioned about their planned marriage, Aisha affirmed that they had planned to get married, but it did not materialize. She cited reasons such as discovering that the person who introduced her to Thiam was in a relationship with him. She added that Thiam told her that he was previously married once without any child, which she discovered to be false and confronted Thiam but he still denied it.
According to Aisha after that shocking revelation, she requested for Thiam to give her space to go through the issue because her plan is not to get married and get divorced like him (Thiam) and she stopped communicating with him for some time, only for Thiam to travel from Senegal to The Gambia and attacked her physically and beat her up for her not picking up his call. She affirmed that Thiam became more abusive, adding she has pictures to that effect.
Aisha further informed the court that the lies and most importantly the domestic violence were the reasons she decided to quit the relationship and had never communicated with Thiam for two years, adding Thiam only initiated the allegations against her after realizing she was moving on and was planning to marry someone else.
She explained that Thiam reported her to the Gambia police headquarters, leading to an investigation where no evidence supporting his claims was found. Eventually, a civil suit was again filed by Thiam in Banjul High Court to which she (Aisha) is cooperating and has never missed a court date.
At this point, the prosecutor indicated that Thiam bore the burden of proving Aisha’s guilt rather than Aisha having to prove her innocence, noting Thiam’s absence in court.
The Judge called for a short recess at 12:01 p.m., and the proceedings continued with the hearing of other cases.
At 17:55, the case was called up once again, and audio containing Aisha’s voice was played from a laptop. When asked if the voice belonged to her, she responded positively (affirmed).
In response to questioning why she sent the audio, Aisha explained that she had sent it to Thiam as a means to deter him from involving her boyfriend in their issue. She expressed that when she was contacted by the police, her boyfriend then would also be invited and when she asked why her boyfriend, the police told her that the complaint was against both of them.
Aisha further explained that to put a stop to inviting her innocent boyfriend, she addressed Thiam in an audio to prevent her innocent boyfriend from being continuously called to the station or detained.
The audio was played in court and the message was a warning to Thiam against dragging her boyfriend into the matter between the two of them.
After the lawyer for Thiam took the stand, he interrogated her (Aisha) knowledge of another case against her, to which she denied awareness. The lawyer then told her that she would get to know.
In his submission, the lawyer informed the court that Aisha was responsible for the threatening video and WhatsApp message directed at Thiam. He disclosed that one of Aisha’s friends had a problem with Thiam, and Aisha started sending threatening messages to Thiam to withdraw from the issue or be exposed.
The lawyer detailed an incident that Aisha recorded during a video call with Thiam. He stated that Aisha possessed the video and was using a friend to share it or threaten Thiam. He said Evidence indicated that the video was shared with Thiam via a South African phone number, and threatening messages were displayed in a WhatsApp status which captured Aisha’s mother on the profile. The printout of the chat and message were displayed in court.
He further argued that Aisha had deceived Thiam after he had invested significantly in their relationship and marriage plans. He said Aisha manipulated the situation, leading Thiam to believe she was committed to the marriage only to abandon him at the last minute.
The lawyer asserted that Aisha was withholding two of Thiam’s vehicles, despite numerous requests for their return. He claimed that Thiam had sent money and gold to Aisha for business purposes, but Aisha had allegedly misused the funds and the gold for personal gain.
The lawyer concluded by asking the court to compel Aisha to pay one billion CFA because she tarnished Thiam’s image. He ended by urging the court to carefully consider the evidence and arguments presented and to rule in their favour.
On the turn of Aisha’s four lawyers. The first lawyer Maître Khadim Kebe addressed the court by pointing out the inconsistency of the accusation that Aisha sent a WhatsApp video through a South African number, indicating that Aisha has never been to South Africa or possess a South African number.
Lawyer Maître Khadim Kebe emphasized that sharing romantic videos in a relationship with each other is common and not illegal. He argued that there was no proof that Aisha used the video to blackmail Thiam, as alleged. Maître Khadim Kebe also stated that Aisha was innocent as her phone was inspected in court, and no incriminating evidence was found in it.
Regarding the allegations concerning the two vehicles and money, lawyer Maître Khadim Kebe clarified that Aisha did not coerce Thiam into giving her money or buying the cars. He stressed that marriage should be based on consent rather than force.
The second lawyer Maître Abdoulaye Tall representing Aisha chose not to delve into the issue of the nude video or pictures saying that had already been addressed. He jokingly said the 2 cars were not enough and Aisha deserved an aeroplane, adding that even if Aisha stood before a dead person, they would come back to life.
Laughter in the court led the presiding Judge to send out one individual who laughed out loud.
Continuing, Maitre Tall further argued that Aisha could not be in a relationship with a person who keeps on divorcing and marrying, adding that Aisha didn’t deserve what she was doing, going from the police station, prison and the court without any proof since the first day of the allegation that she is the one threatening to share Thiam’s video.
Maître Abdoulaye Tall emphasized that Aisha should not be subjected to such hardship without substantial evidence, noting that they wouldn’t extend the same to their daughters if placed in a similar situation.
Maître Bamba Cissé contended that the Judge didn’t have the evidence because she (the Judge) didn’t see the video and the court went through Aisha’s phone and they did not see any video or message. He argued that the court can’t hear the case without the foundation of the case.
On his part, Maître Baboucarr Cissé informed the court that the responsibility of protecting Thiam does not fall on Aisha, but rather on Thiam as an elderly man, and he should be acting in that capacity. But his actions are exposing both of them to potential harm.
Regarding the new case brought before the court, Maître Baboucarr highlighted that a similar case is before the Gambian Court by Abdoulaye Thiam. He said Thiam had paid a substantial amount to his lawyer for the trial, and the case is progressing well in the Gambian Court.
He added that it raised questions as to why Thiam decided to pursue the same case in Senegal after almost a year into the trial in Gambia. Maître Baboucarr suggested that Thiam’s motivations are not necessarily in seeking justice, but rather driven by jealousy towards Aisha.
Addressing the alleged video, Maître Baboucarr questioned the existence of the video and further questioned the court whether they would potentially incriminate someone based on unproven allegations. He asserted that if the individual making the allegation failed to produce the video, it indicated that the evidence didn’t exist. Maître Baboucarr criticized Thiam’s actions, stating that it’s motivated by jealousy rather than a genuine pursuit of justice.
Maître Baboucarr also brought to the court’s attention that Aisha is pregnant while undergoing the ordeal of facing baseless allegations. He added that such is not correct and just.
Maître Baboucarr emphasized that the lawsuit presented to the court posed no legitimate claims against Aisha. He explained that Aisha’s trip to Senegal was in celebration of her first-year marriage anniversary and she didn’t choose Dubai or France demonstrating her affection towards Senegal and its people. Maître Baboucarr stated that Thiam’s interference disrupted Aisha’s plans, leading to her untimely arrest before the anniversary celebration.
He further explained that the police arrested Aisha in Senegal and asked for her phone which she surrendered and asked to provide her pass code which she refused to give because she was willing to open the phone by herself and lead them to anywhere in the phone. Maître Baboucarr contended that Aisha was willing to prove her innocence since day one.
Regarding the accusation of a stolen car, Maître Baboucarr explained that it was Thiam who approached Aisha inquiring about the cars in her possession in the early days of the relationship. Aisha explained that her ex-boyfriend had gifted her the cars. Thiam then demanded that Aisha give away the cars, promising to replace them with more expensive cars. He said those were the cars Thiam is now claiming that Aisha had stolen.
In addressing the matter of marriage, Maître Baboucarr clarified that Aisha had been willing and prepared to marry Thiam. However, he revealed that Thiam had a prior romantic relationship with the lady who introduced Aisha to him, which he never disclosed to Aisha until Aisha knew it herself.
Additionally, he informed the court about Abdoulaye Thiam’s ongoing civil suit against Aisha in Gambia since 2023, which is nearing its conclusion, adding that Thiam suddenly introduced a blackmailing allegation (nude video), noting that shifting the civil suit from Gambia to Senegal is not driven by the pursuit of justice but rather to harass Aisha.
Maître Baboucarr informed the court that Thiam brought his complaint when he knew that Aisha got married and went to Turkey with her husband. He urged the court to check the date to confirm it, adding that Thiam actions is just a revenge
Concluding his arguments, Baboucarr questioned the rationale behind abandoning the well-progressing case in Gambia, where substantial amounts had been paid to lawyers, to initiate a new case in Senegal for the same accusations. He questioned the true intentions for justice behind the decision.
Following the submissions, the court prosecutor echoed Bamba’s stance by asserting the lack of evidence establishing Aisha Fatty’s culpability. He emphasized that it was not the court’s responsibility to obtain evidence from Aisha’s phone, but rather rested on the complainant to present evidence.
The court indicated the introduction of new charges by Thiam, and the first case will be adjourned to Friday for determination. The presiding president of the panel of judges adjourned the case to Friday to address pending matters from the first case and to proceed with the hearing of the new case.
