he wants to see his ex again, but the meeting ends in a general fight

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Tuesday April 16, on call from the municipal police in intervention at Allée Jean de Florette in Claye-Souilly (Seine-et-Marne), a patrol from the Villeparisis police station moved to help put an end to a confrontation involving a man and four women. Once on the scene, the police restored calm before listening to each of the belligerents and making arrests.

A violent brawl

Anissa claimed to have been followed in the car by her ex while she went to her cousins' house. Having spotted and recognized him, she parked and immediately telephoned them. Still on the line with Dounia, she started screaming: “He’s here! “. Malkaeil opened the door and scolded her for her outfit. Not wearing the veil was unacceptable for the young man. The tone quickly rose, the insults flew then the words gave way to blows. He gave her a slap that cut her lower lip. Anissa defended herself by scratching him with the scraper that was handy in the storage compartment.

Seeing the two cousins ​​arrive, Malkaeil became enraged. He first attacked Dounia who insulted him. He roughed her up as soon as she got out of his vehicle while Amel rushed towards Anissa. Seeing Dounia in difficulty, she went back and hit Malkaeil who pushed her back hard enough that she hit the wall.

A few moments later, the aunt's unexpected arrival surprised Malkaeil who stopped then walked towards her as she was about to intervene. He kicked him in the leg. The three young women took advantage of Malkaeil's release to take refuge in the life-saving car. But he immediately blocked the passenger side door to prevent them from driving off. Sitting in the back, Dounia was able to contact the police.

“I wanted to have an explanation but it got out of hand”

The police immediately heard the two sisters and the aunt whose the statements were found to be consistent. Based on the information collected, they carried out thethe arrest of Malkaeil but also of Anissa and Amel.

Once at the station, arriving under duress or freely, everyone filed a complaint. Malkaeil was placed in police custody, his version having appeared not very credible and not having convinced: “It had been six weeks without contact with Anissa and I suddenly wanted to see her. I was having a hard time with the separation. I stopped because of a puncture and met her by chance. It's true, I wanted to talk about our breakup and have an explanation but it got out of hand. I gave him a little slap in stop mode! Afterwards, I defended myself because I was getting punches from everywhere! They even threatened to kill me! “.

He denied having struck the aunt: “She already had an injury on her leg and was wearing a splint.”

All the protagonists consulted the doctor from the Medical-Judicial Unit (UMJ), except Dounia who opposed it. He granted six days of total incapacity for work (ITT) to Malkaeil, two days to Amel and Maryame and one day to Anissa.

Reciprocal violence but one main person responsible

HAS the correctional hearingMonday October 7, the victims also having the status of defendants, Maryame aside, the public prosecutor recognized “the difficulty of sorting things out and defining responsibilities”. Far from ruling out the reciprocal nature of the violence, she designated Malkaeil as “the main person responsible for a single scene of violence”.

She contrasted the consistency of the women's statements with the lack of credibility of Malkaeil's version. Finding yourself “by chance” in Claye-Souilly when you live in Villepinte (Seine-Saint-Denis) was hard to believe. Rather, she considered that “ knew where to find her and looked for conflict “. She also alluded to a recently judged case to motivate her requisitions: six months in prison as well as a fine of €800 for Malkaeil and a fine of €500 for each of the women accused.

4 months suspended prison sentence

Amel and Dounia's lawyer accused Malkaeil of having premeditated his actionsdetermined to do battle with his ex-partner. He pleaded self-defense by referring to the defendant's superior size to justify the impossibility for his clients to commit any violent act. He concluded by requesting their release as well as €3,700 for each of two sisters (€2,500 in damages, €1,200 in lawyer's fees). Anissa, present without being assisted, adopted the same position and made the same request.

Malkaeil's lawyer began her argument in an unexpected way: “He’s a man, he’s obviously the aggressor”. She recalled information from the municipal police report: Malkaeil's placid behavior, spontaneous handing over of his identity card, obligation to protect him from the aggressiveness of the women still trying to hit him, traces of kicks on the body of his car.

Despite statements referring to mutual violence, the magistrate pronounced the release of Anissa and Dounia on the basis of self-defense and a proportionate responsefor Amel due to a lack of evidence.

Malkaeil was found guilty and received a four-month suspended prison sentence, two fines of €100 and €200. He will have to respect a ban on contacting the four victims and appearing at their homes for three years. He will have to pay the same sum of €500 to Anissa, Amel, Dounia, and €800 to each of the two sisters for lawyer fees.

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