Court rejects defense request to detain key witness in Naciri trial
Witness Testimony Sparks Controversy in Naciri Trial
Casablanca Appeal Court Upholds Charges Against Former Wydad President Despite Defense Accusations of Perjury
The Casablanca Court of Appeal has rejected a defense request to place a key witness under police custody for alleged false testimony during the trial of Saïd Naciri, former president of Wydad Casablanca football club.
During a session before the Criminal Chamber, Naciri’s defense team accused the primary witness, “Toufiq Z.,” of perjury. Toufiq Z., described as an associate of an international drug trafficker known as the “Desert Escobar,” allegedly contradicted previous statements made to judicial police and the investigating judge.
The defense argued that discrepancies in the witness's testimony amounted to deliberate fabrication, citing "wholesale additions, omissions, and contradictions." They pointed to Article 425 of Morocco’s Code of Criminal Procedure, which allows for the detention of witnesses suspected of perjury.
According to the defense, Toufiq Z. admitted during his court testimony to lying to both the National Judicial Police Brigade and the General Directorate of National Security. The defense maintained this admission warranted placing him under police custody given "the severity of the false statements" that contributed to their client's pre-trial detention.
The defense also claimed Toufiq Z. committed the offense of contempt by knowingly providing false information to authorities, arguing his latest statements were "plainly inaccurate, if not outright falsified."
Prosecutor Counters Defense Claims
In response, the deputy public prosecutor urged the court to dismiss the request, calling it a “clear violation of legal procedure and fair trial guarantees.” He argued that inconsistencies in witness statements made to entities not authorized to collect formal testimony cannot form the legal basis for criminal charges.
“The actions in question do not constitute the elements of perjury,” the prosecutor stated. He noted that Article 425 of the Code of Criminal Procedure, while allowing the court to act on suspected false testimony, does not oblige it to do so. He also pointed to Article 368 of the Penal Code, which defines perjury, asserting the current case did not meet that standard.
Court Declines Defense Motion
Judge Ali Tarchi, presiding over the court, deliberated and ultimately ruled against the defense’s motion, deciding not to place the witness in police custody. The hearing continued with further testimony from the same witness.
Naciri remains in pre-trial detention on charges linked to a major criminal investigation that has attracted significant public attention due to his high-profile role in Moroccan sports and alleged connections to organized crime networks.