For the second time, the case relating to 24-hour juices “unfit for consumption” was referred to the Court for the repression of economic and financial offenses (CRIEF). During the hearing of this Monday, April 17, 2023, the Court ordered the precautionary seizure of the 24-hour Energy stocks of the 330 ml and 500 ml category, of a total quantity of 184,000 cases of the production batches of 13 to December 29, 2022. She then sent the case back to the 27th of this month for the continuation of the debates, noted the Guineematin.com team dispatched to the spot.

In this case, the Société American Beverage Sarl (SABEV), Mohamed Mehdi Mohsen, commercial and Ibrahima Sory Kandas Condé, accountant, are prosecuted for acts of “presumption of harm to public health, tax fraud” by the prosecution of the CRIEF seized by the Guinean State represented by the judicial agent of the State. The two defendants appeared at the present hearing before being finally joined by the representative of the company.

After a long debate between the Court, the prosecution, as well as the defense lawyer around in particular the seizure and the incineration of the 54,250 packs of juice 24 hours incriminated but also on two reports drawn up for this purpose following the seizure made by the Ministry of Trade, Industry and Small and Medium Enterprises, the Court ruled.

“The Court orders the precautionary seizure of the stocks of 24-hour drinks stored within the court of this headquarters, consisting of 105 packs of 330 ml of 24-hour Energy drinks and 30,000 packs of 24-hour Energy drinks as well as the various stocks of beverages of the same brand stored in private stores both in Conakry and in the municipalities and prefectures of the country subject to the hearing report drawn up and summary table produced by the Ministry of Commerce, Industry, Small and Medium-Sized Enterprises to the specifics below: branded 24 hours Energy in the 330 ml and 500 ml category, with a total quantity of 184,000 racks of production batches from December 13 to 29, 2022. Entrusts custody of the stock of 24 hours Energy drinks stored within the precincts of the court of this seat (…) at the head of the registry of the Court of repression of economic and financial offenses until the decision on the merits of the said case. Entrusts the custody of the various stocks of beverages of the same brand stored in certain municipalities and prefectures of the country (…) to the various heads of quality control departments of the said municipalities and prefectures under the responsibility and effective control of the special prosecutor’s office of the CRIEF until the decision on the merits in this case”, said the President of the Court, Francis Kova Zoumanigui, specifying that anyone violating these measures will be exposed to legal proceedings for misappropriation of objects placed in the hands of justice.

The court’s decision visibly satisfied the defense lawyer who recalled, however, that the company in question is regularly established in Guinea and that it has always complied with the requirements.

“It’s a satisfaction because all in all it’s a matter of public health. And before the Court rules on the merits in this case, we actually know everything that has been said regarding the 24-hour drink, true or false. It would still be necessary in a preventive way for the court to be able to take precautionary measures. You are aware that the first seizure measure which was ordered by the Ministry of Industries concerned the productions of the whole month of December and that of January 1 to 17. Contrary to this seizure, the Minister of Industry officially declared that it was not the entire quantity seized which was concerned but rather the productions from December 13 to 29 which were incriminated. But before the court might know exactly what the exact quantity is, it was still necessary to order these conservatory measures which we find beneficial. SABEV is a responsible company, it has been in Guinea for 5 years, it is regularly installed, it has always worked without problems. She has always complied with the requirements in this area and it was only unfortunately in January that we let her know that he had products that were not suitable for consumption. We are happy, we agree that there are these measures while waiting for the court to see what happened, ”said Me Francis Charles Kpaga Haba.

Finally, the Court sent the case back to Thursday, April 27, 2023 for the provision to the court by the Ministry of Commerce, Industry and Small and Medium-Sized Enterprises of the supplementary report alleged by the company SABEV Sarl, and the continuation of the debates.

Mamadou Yahya Petel Diallo, Mamadou Laafa Sow and Fatoumata Diouldé Diallo for Guineematin.com