the essential
The Agen Court of Appeal confirmed the criminal judgment of first instance, releasing the CGT trade unionist tried for alleged insults towards Sophie Borderie, president of the departmental council.
The 60-year-old man was on trial for alleged insults against a person holding public authority. On October 10, 2022, he sent several SMS messages around 11:30 p.m. to Sophie Borderie, reproaching her for her political decisions since Laurent Delrue, his director general of services, was appointed. It is written: “Borderie claims to be part of the Nupes, to die of laughter. Your guru Delrue has beaten your face. And you say nothing, love makes you blind.” Comments against which the president of the departmental council had filed a complaint.
Trade unionist declared not criminally guilty
During his judgment at first instance before the Agen judicial court, Tuesday November 7, 2023, the trade unionist, defended by Me Laure O'Kelly, was finally acquitted, the judge having considered that this fell within the framework of “freedom of expression” of a trade unionist who leads a union fight. However, on Friday December 15, the Agen public prosecutor's office appealed this decision and a new trial before the correctional appeals chamber was held on Thursday September 12. The prosecutor had in fact considered that the comments made in the SMS “could characterize contempt” and “undermine the personal dignity” of the elected official.
The deliberation of this case was delivered this Thursday, November 28. The court of appeal confirmed the criminal judgment of first instance, declaring Mr. Laurent Boukhari not criminally guilty of the contempt constituted by the administrative court of Bordeaux. “Mr Boukhari is at fault disciplinaryly, but not criminally”, specifies Me Jeanneau, lawyer for the civil party, at the end of the hearing.
