For Christian Bergot, lawyer for the families, this hearing is the last chance: “It’s make or break If the dismissal is confirmed, the case is dead..” “I will ask the court for investigation” in line with the evidence provided by the expert Dominique Salles, he explained. The expert, a former submariner, was brought to justice before the dismissal, a “note very comprehensive” on the presence in the area of an American submarine, but this track has not been explored. The Court of Appeal of Rennes on Friday rejected the request of families who intended to challenge one of the judges.
“Doubts about the impartiality of a judge”
According to Dominique Tricaud, one of their lawyers, the judge who is to preside the hearing has already taken a position on this issue since the end of 2013, it had rejected, without leaving the ruling investigating chamber, following a call for civil parties to the refusal of the investigating judges to order further investigations. The assessment made at that time “allows, at least, have legitimate doubts about the impartiality of the court over which he presides,” believed me Tricaud. But the Court of Appeal held that the magistrate had at no time “expressed a definite opinion on the matter in depth” and could preside over the hearing.
The lawyer for the owner of the Bugaled Michel Kermarrec, asked meanwhile the expatriation appeal because according to him the “bias Appeal Court of Rennes.” Beyond a possible confirmation of the dismissal, the court has other options, summarizes Me Bergot. It may order additional investigations and either decide to treat the file itself, or load a new judge this mission.
The Bugaled Breizh, registered in Guilvinec (Finistère) sank south-west England on January 15, 2004. For the relatives of the victims, comforted by a first instruction 2008 that the assumption of the submarine was “the most serious”, the ship was accidentally hit by a submarine, while taking place in the area where he was fishing maneuvers with NATO submarines of various nationalities, including French. The victims’ families want the minimum that the state recognize its responsibility in this tragedy.
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