The Grasse public prosecutor’s office has appealed the decision of the judge of liberties who had decided on judicial supervision for the motorcyclist who fatally mowed down a 7-year-old girl on Thursday, August 29 in Vallaury. The decision will be examined on September 10 by the investigating chamber of the Aix-en-Provence Court of Appeal.
The appeal concerning the judicial review of the motorcyclist who mowed down a seven-year-old girl in Vallauris, who died on Sunday from her injuries, will be examined by the investigating chamber of the Aix-en-Provence court of appeal on September 10, AFP learned on Monday from the public prosecutor’s office.
The Grasse (Alpes-Maritimes) public prosecutor’s office, like the investigating judge, had initially requested that the 19-year-old man, with no criminal record, be placed in provisional detention at the end of his police custody and at this stage of the investigation.
But the judge of liberties and detention (JLD) had ruled for a judicial review requiring him, among other things, to “report once every two weeks to the Antibes police station” and not to “enter into contact” with the victim’s family. He was also deprived of his driving license and cannot leave the Alpes-Maritimes.
Indictment this Saturday
The prosecution has appealed this placement under judicial supervision and this is the point that will be examined in Aix-en-Provence on September 10 at 2:00 p.m. for a hearing that will in principle be public, unless the accused requests a closed session.
The motorcyclist, who tested negative for drugs and alcohol at the time of the accident on Thursday, has been summoned but, being free, he can also be represented only by his lawyer.
He was charged on Saturday with “unintentional injuries resulting in total incapacity for work for more than three months through a clearly deliberate violation of a specific obligation of safety or prudence by the driver of a motor vehicle”.
A qualification that should be modified with the death of Kamilya, announced by her father on Sunday during a spontaneous gathering in Vallauris filled with emotion. The little girl, who was crossing a pedestrian crossing with her 11-year-old brother, was hit on a busy departmental road around 7:00 p.m. on Thursday while the motorcyclist was doing a wheelie while going up a line of cars, according to a police source.
Victim’s family “shocked”
The girl’s family is “dismayed” by the failure to place her in pre-trial detention, said their lawyer, Nabil Boudi.
Pre-trial detention may only be ordered if judicial supervision or the wearing of an electronic bracelet are not sufficient, among other things, to avoid the destruction of evidence, pressure on the family or witnesses or the retention of the accused at the disposal of the courts.
In Vallauris, residents laid bouquets of flowers at the pedestrian crossing where Kamilya was mown down. Several local residents said they found the road dangerous, while others believed it was the behaviour of the person in question that was the problem, rather than the roadway.
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