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The trial of Nguefack Epse Michelle Anita Ropa, a 38-year-old Cameroonian national, will continue before the intermediate court. This was decided by magistrate Anusha Rawoah on July 3, 2024. She rejected the Cameroonian woman's motion for “no case to answer.” She is answering for the fatal assault of her husband, Rafal Tomasz Ropa.

Nguefack Epse Michelle Anita Ropa, is answering, before the intermediate court, to a charge of assault and battery causing death of a man, without intent to kill.

She allegedly fatally assaulted her husband, Rafal Tomasz Ropa, a 49-year-old Polish man. The crime was committed on April 27, 2021, in their villa in Grand-Gaube. She pleaded not guilty and is being defended by Gavin Glover, Senior Counsel.

Rafal Tomasz Ropa was an economist. He and his wife, Nguefack Epse Michelle Anita Ropa arrived in Mauritius in 2018. They are the parents of two children.

However, after the testimony of the prosecution witnesses, Mr. Gavin Glover, Senior Counsel, presented the motion of “no case to answer”. He requested that the lawsuit filed against his client be struck out. The prosecution objected.

Mr Gavin Glover argued that most of the prosecution's witnesses were hardly cross-examined by the defence because they provided no evidence against his client.

He argued that the prosecution only has evidence of events subsequent to the incident, according to witness statements. According to the Senior Counsel, the latter stated that when they arrived at the house, the deceased was lying on his back, in a prone position. He was bleeding and wearing a white towel. While the accused was kneeling next to the deceased and crying. The latter was found by the police with a screwdriver in his left hand.

Moreover, according to the coroner's report, the cause of death of Rafal Tomasz Ropa was a skull fracture.

The question, he said, is whether his client intentionally inflicted injuries and blows on the deceased.

Mr Gavin Glover, SC then returned to his client's version. On the fateful day, she was attacked by her husband. She tried to escape. But Rafal Tomasz Ropa allegedly flew into a rage when his wife refused to submit to his sexual desires. He then fell to his death down the stairs.

For the Senior Counsel, there is no evidence that his client committed a deliberate act resulting in a fatal injury. The fatal injury, according to him, occurred when the deceased fell down the stairs.

The prosecution, for its part, is of the opinion that the cause of the deceased's death corresponds to the defendant's version. The injuries, according to it, demonstrate the defendant's “mens rea” to cause injuries.

For the prosecution, the indirect evidence is the use of force by the defendant to push the victim. Which led to the irresistible conclusion that she had the deliberate intention to injure the deceased.

In her decision, Magistrate Anusha Rawoah relied on several cases. She concluded that “based on the circumstantial prima facie evidence adduced, I find that there is sufficient material for me to allow the case to proceed, so that the evidence could subsequently be considered on the merits, during which I can determine whether or not , the charges have been proved against the accused beyond reasonable doubt ». Therefore, she did not accede to the defense motion. The trial will continue on August 2, 2024.

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