Case Details
Cassation Case No.: 267231
Date: January 30, 2017 Ethiopian Calendar (ጥር 30 ቀን 2017 ዓ/ም)
Applicant: Chemere Tolosa (ጨመሬ ቶሎሳ)
Respondent: Oromia Attorney General
Key Legal Rule
In cases of alleged criminal conduct, the prosecution must prove all essential elements of the crime as defined by law. Failure to adequately demonstrate that the defendant’s actions fulfill all the legal, factual, and moral components of the alleged offense warrants acquittal. In other words, for a conviction to stand, the prosecution must fulfill its burden of proof by presenting evidence establishing all elements of the crime.
In Cassation Case No. 267231, the Federal Supreme Court (Cassation Bench) interpreted Proclamation No. 1051/2009 Article 19(5) and Council of Ministers Regulation No. 433/2007 Article 41(1)(d) to mean that the applicant’s job responsibility did not include unloading, counting, and weighing every coffee shipment. His duty was to verify that the coffee was sealed and sent from its origin, convert the accompanying document to the organization’s document, and reseal it with a plumb. The court found that the prosecution did not adequately prove its case with appropriate evidence. The court also highlighted that for a person to be convicted of a crime, the legal, material, and moral elements of the crime must be fulfilled, as stipulated in Article 23(1)(2) of the Criminal Code. The court concluded that the lower courts made a fundamental error of law by convicting the applicant without the mental element (mens rea) required for the crime, given the new operational procedure where the quality, grade, and quantity of coffee were to be verified at the district level.
Facts:
The Applicant, Chamere Tolsa, was employed by the Ethiopian Federal Coffee and Tea Authority in Gimbi as a coffee dispatcher. He was accused by the Respondent, the Oromia Regional Attorney General, of engaging in fraudulent activities in the coffee trade, intending to obtain undue benefits for himself or others. The prosecution alleged that on October 16, 2016, in Gimbi, the Applicant certified incorrect amounts of coffee being transported to the central market. Specifically, he certified 100 quintals when 129 quintals were loaded and accepted 210 quintals from Ayra woreda, whereas subsequent inspections revealed discrepancies and additional quantities of coffee in non-standard sacks. This was claimed to be a violation of Proclamation 1051/2009 Article 19/5 and Ministerial Regulation 433/2007 Article 41(1)(ቀ).
Decisions of Lower Courts:
The case originated in the West Wollega Zone High Court under case numbers 47863 and 47862. The Applicant pleaded not guilty. The High Court, after hearing arguments and evidence, found the Applicant guilty on both counts, sentencing him to 3 years of rigorous imprisonment and a fine of 5000 Birr for each case, totaling 6 years of rigorous imprisonment and 10,000 Birr fine. The Oromia Regional High Court, West Permanent Bench, upheld the High Court’s decision under Article 195(2)(ለ/2) of the Criminal Procedure Code. The Applicant then filed a cassation appeal, arguing legal errors by the lower courts. The Cassation Bench ordered the Respondent to present a response to the appeal.
Legal Issue(s):
- Did the Applicant commit actions that constitute criminal liability under the relevant laws?
- If so, which specific legal provisions are applicable to the Applicant’s actions?
- Did the Respondent sufficiently prove that the Applicant violated the law?
Applicable Legal Provisions:
- Ethiopian Federal Constitution: The Cassation Decision makes implicit reference to the right to a fair trial, which is Constitutionally guaranteed.
- Criminal Law Article 23(1/2): States that a crime is committed when an act is performed which is against the law, and the legal, physical, and moral elements are fulfilled.
- Criminal Procedure Code Articles 111 and 112: Outlines that the indictment/charge must accurately describe the basic facts of the crime, so that the defense can adequately prepare their case.
- Criminal Procedure Code Article 141: States that if the prosecution has not proven its case, the defendant should be acquitted.
- Proclamation 1051/2009, Article 19(5): Addresses fraudulent activities in the coffee trade. It states that anyone involved in coffee trading, whether directly or indirectly, who deliberately or negligently commits misleading acts regarding coffee quality or trading to obtain undue benefits is punishable.
- Ministerial Regulation 433/2007, Article 41(1/ቀ): Concerns the regulatory functions of coffee trading, specifically the proper inspection and sealing of coffee at various levels.
Application/Analysis:
The Cassation Bench reviewed the lower courts’ decisions, focusing on whether the Respondent adequately proved the Applicant’s guilt. The Bench examined the witness testimonies presented by the Respondent and found that while these testimonies confirmed discrepancies in the amounts of coffee found in the trucks at the checkpoint, they did not adequately establish that the Applicant was responsible for verifying the actual quantity of coffee being transported in each truck.
The court noted that the Applicant’s job responsibilities, based on the presented evidence including the letters, involved verifying that the coffee consignments were sealed before dispatch to the central market. There was no evidence to suggest it was the Applicant’s responsibility to individually count and weigh the contents of each truck.
The Cassation Bench reasoned that since the prosecution failed to prove that the Applicant had a legal obligation to physically verify the quantity of coffee in each truck, the prosecution had failed to demonstrate that he had violated Proclamation 1051/2009. Therefore, the lower courts erred in finding him guilty.
The Cassation Bench asserted that, according to Criminal Procedure Code Article 141, the defendant must be acquitted where the prosecution fails to provide sufficient proof.
Conclusion:
The Federal Supreme Court Cassation Bench overturned the decisions of the West Wollega Zone High Court and the Oromia Regional High Court. The Applicant, Chamere Tolsa, was acquitted of all charges related to the alleged fraudulent activities in the coffee trade. The court ordered that if Tolsa was not required in any other case he was to be immediately released from prison. Also, if Tolsa had already paid his 10,000 Birr fine, it was to be returned to him.