Le quartier était calme ce soir-là, à l’Unité 21 des Parcelles-Assainies de Dakar. Calme, jusqu’au moment où la porte de la maison de M. Th. Niang a claqué derrière elle. Elle venait d’être jetée dehors, en pleine nuit, après avoir été frappée avec un pied de chaise puis étranglée par son mari, O. Fall. À l’intérieur, l’homme s’était enfermé avec deux des enfants. Dehors, la dame tremblotait avec son bébé de 6 mois dans les bras. Cette scène brutale ne fut pourtant que le dernier épisode des scènes de violence conjugale.
Placé sous mandat de dépôt le 19 novembre, à la suite de son arrestation par le commissariat d’arrondissement des Parcelles-Assainies, O. Fall a comparu, ce lundi, devant le tribunal des flagrants délits de Dakar
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« Avant d’aller en prison, je te tuerai »
Selon les éléments des l’enquête, depuis des mois, O. Fall, 37 ans, déclarant en douane, menaçait sa femme. À chaque dispute, les mêmes mots, froids, tranchants : « Avant que je n’aille en prison, je te tuerai », menace le mari. Des propos que l’épouse a enregistrés et gardés dans une clé USB. Une manière de se protéger, dit-elle, ou peut-être un réflexe de survie. Ce jour-là, M. Th. Niang avait tenté d’apaiser l’atmosphère.
Selon elle, son mari est un homme colérique, l’insulte à la bouche et attaque même ses filles issues d’une précédente union. Puis, dans un geste brusque, il tente d’emporter leur bébé. C’est ainsi qu’elle s’est interposée. Le mari l’a alors frappée avec le pied d’une chaise, l’a roué de coups, l’a étranglée avant de la jeter dehors.
L’aide-ménagère, terrifiée, avait eu le réflexe de mettre le bébé à l’abri. Et c’est avec ce nourrisson que M. Th. Niang est allée dormir chez une tante, à Diamalaye. Le lendemain, elle s’est rendue au centre de santé Mame Abdoul Aziz Sy pour une consultation. Le médecin diagnostique des traces de violences et lui délivre un certificat médical avec une incapacité de travail temporaire de huit jours. Les photos des blessures parlent d’elles-mêmes.
L’époux donne une autre version
Interrogé, O. Fall nie les faits. Il accuse sa femme d’avoir violenté son fils aîné, de fomenter des histoires et d’avoir eu des échanges douteux avec un ex-beau-frère. « Je me défendais ; elle m’attaquait avec des objets», jure-t-il. Quant aux menaces de mort. Il déclare :« Juste des mots en l’air, rien de sérieux.»
La partie civile, qui n’a pas d’avocat, n’a pas demandé des dommages et intérêts. Le procureur de la République a demandé un an ferme. La défense, assurée par Maitres Mor Samb et Serigne Ndiongue, qui estime que le ministère public est sévère dans ses réquisitions, a sollicité l’application bienveillante de la loi pénale.
En définitive, le tribunal a déclaré O. Fall coupable des faits et l’a condamné à deux mois de prison ferme avec une amende de 200 000 F CFA.
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