The Supreme Court upheld Tuesday almost all the plays between the former president and his lawyer Thierry Herzog, paving the way for a possible trial for influence peddling and corruption.
“judges lead this forced march folder. There is the will to move quickly, very quickly, too quickly. ” Tuesday, since the Criminal Chamber of the Supreme Court which rendered its judgment in the case Listens former President of the Republic, Mr. Patrice Spinosi, counsel for Nicolas Sarkozy, limping along. This confirmation of the decision of the investigating chamber of the Court of Appeal of Paris – which validated the plays between Nicolas Sarkozy and his lawyer Thierry Herzog – maintains the indictment of the former head of state for corruption and influence peddling. The latter is believed to have tried to get Gilbert Azibert then judge at the Court of Cassation, and through its historical lawyer, Thierry Herzog, information covered by secrecy. And that, in the proceedings on the seizure of his diaries in the margins of the Bettencourt affair, in which he received a dismissal. In exchange, he had to intervene on behalf of Gilbert Azibert for him to get a prestigious job in Monaco, it was ultimately not. Former president sees the proof that he did anything wrong.
Nothing now opposed to Nicolas Sarkozy is returned in corrections. “This is a patient process that will continue now,” further stated Mr. Patrice Spinosi, that the judge “fragile” and “likely to result in the condemnation of France to the European Court of Human Rights’ (ECHR ). And to say that if a trial were to take place, the same means could be raised before the criminal court to challenge these plays. “I’m amazed that the choice was made by the Criminal Division. Other similar cases dealing with incidental plays lawyers are pending before the ECHR, which could come to contradict the Supreme Court by the trial. ” Collectively, the board lawyers present at the hearing are concerned about the serious blows to the rights of the defense and the free communication between client and lawyer: “It is highly questionable that judges have pursued several months before their plays find items without having informed the prosecutor nor open any judicial meantime. ”
Now the judicial fate of Nicolas Sarkozy is partly in the hands of the national financial parquet which has three months to make his submissions. Therefore nothing oppose the audiencement this very sensitive matter. The risk is great that the trial telescope primary to be held on the right, next fall. What endangering the candidacy of President “LR” and his chances for the presidency in 2017.
“The story is not over and Nicolas Sarkozy has every intention to continue to assert his rights, “continued Mr. Spinosi. For the latter, the error of law of the investigating chamber is clear. This last finding essentially that the discovery of an offense – that of influence peddling – unusually enough to make these legal interception.
Only two small parts of the file have been broken by the high court. Thus the judges of the Criminal Division have they canceled the seizure, in the latter two documents covered by the secrecy of deliberations. Appealing to the general principles of law, the defense, including Gilbert Azibert raises the general question of respect of secrecy in the same way as journalists or lawyers.
Another concession to professional secrecy, the cancellation of the conversation between Thierry Herzog and his barrister then, Pierre-Olivier Sur. Magistrates noting that “the conversation held between a lawyer implicated in a criminal proceeding, and his barrister about this challenge, involves the exercise of rights of defense and can as such be the subject to transcription, “all that” no index of the barrister’s participation in an offense “was found. What consolidate Pierre-Olivier Sur, who at the time had brought to the Elysee fighting for the rights of defense.