The last time Dominique Pelicot appeared in the dock at the Avignon criminal court, he was leaning on a cane, his complexion pale, his head in his hands. The state of health of the main accused in this trial of the Mazan rapes, hospitalized since Wednesday, had been deemed worrying by a forensic expert appointed by the court.
Last Thursday, after the last statement by the director of the investigation of the Avignon judicial police, the president of the criminal court had pronounced the suspension of the hearing at least until Monday, the time for Dominique Pelicot to recover. And what if the man, aged 72 and suffering from an infection, was not recovered to answer the questions of justice? Could the trial continue?
“This is a man who has decided to speak and I have no doubt that he will speak,” insisted Béatrice Zavarro, the septuagenarian’s lawyer, on BFMTV. “We must give him time to recover. You don’t voluntarily choose to have an infection, there is no deliberate desire to not want to appear at your trial.”
During the weekend, however, his lawyer explained that his condition was not improving and that he had not received the necessary care. “We have not implemented the medical means that could be administered to Mr. Pelicot and that could allow for considerable progress on his state of health,” regretted Mr. Zavarro.
There has never been so much uncertainty about a trial that has exceeded the scope of the courtroom. In any case, the hearing will resume this Monday morning either to note the absence of the main accused, or to continue with the hearing of witnesses and perhaps that of Dominique Pelicot.
• Dominique Pelicot is present
The hearing is scheduled to resume at 9 a.m. If Dominique Pelicot is fit and present in the dock, the trial can continue. The president of the assize court has also announced a new schedule, with the witness hearings having to be postponed due to the absence of the main accused of the 51 men who are being tried for the rape of Gisèle Pelicot.
So, in this case, the children of Gisèle and Dominique Pelicot should be heard, namely the two sons present at their mother’s side since the beginning of this dizzying trial. The victim, Gisèle Pelicot, who gave a dignified and measured testimony during the first week of this trial, was not questioned. This could therefore be the case.
The couple’s son-in-law, their daughter’s husband, who is very present alongside his wife Caroline, should also be heard this Monday. Dominique Pelicot’s brother, Joël, must also testify. The court and the parties want, in particular, to have his account of Dominique Pelicot’s childhood and the accusations of rape that he made against a member of the medical staff during a hospitalization at the age of 9.
During his former wife’s first testimony, Dominique Pelicot had asked to speak. The president of the criminal court had decided to postpone this statement until later. He could thus be heard on Monday, or at best on Tuesday.
• Dominique Pelicot’s health is still fragile
Dominique Pelicot’s health was monitored all weekend and will continue to be until Monday morning. The medical profession, namely a forensic expert, will decide whether or not the septuagenarian can return to the box. Doctors may indeed consider that Dominique Pelicot has not fully recovered from the infection, or even the superinfection, from which he has been suffering for several days.
In this case, treatment will still be necessary. The hearing will resume this Monday but the president of the criminal court will have no choice but to suspend the trial again for one or more days. “If he is not there for one, two or three days, we will extend the suspension,” warned Roger Arata, the president of the criminal court, last Thursday.
• Dominique Pelicot absent for a long period
The president of the Vaucluse criminal court spoke of a “catastrophe” to evoke a potential postponement of this trial. This possibility is on everyone’s mind. What if Dominique Pelicot’s state of health worsened and prevented the accused from appearing for several weeks? “If the medical profession told us that his condition was much more worrying and that his unavailability would be long-term, there is a risk of postponement,” confirmed Me Zavarro.
For Dominique Pelicot’s lawyer, it is “unthinkable” that the trial continues in the absence of her client. “Dominique Pelicot is the common denominator of the scenes that are on these videos in the presence of the accused who have been sent back,” the lawyer recalls. “In his capacity as common denominator, as husband… no one will be able to tolerate a trial that takes place without his presence.”
If this scenario were confirmed, the question of a new date for holding this trial would then arise. Availability of the courtroom – where a second box has been set up for the 18 accused who appear in detention -, availability of magistrates, lawyers, experts… A new hearing would be necessary. And what about the accused in detention? Requests for release would indeed have to be filed.
- BFMTV.com
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