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Biker’s appeal against judicial review to be examined “as soon as possible” – Libération

The Grasse public prosecutor’s office, which requested the accused’s provisional detention, is contesting his placement under judicial supervision only. The appeal will be examined “as soon as possible”.

The appeal by the Grasse public prosecutor’s office, which is contesting the placement under judicial supervision of the motorcyclist who mowed down a seven-year-old girl in Vallauris (Alpes-Maritimes) on August 29, will be examined by the investigating chamber of the Aix-en-Provence Court of Appeal as soon as possible., she announced this Sunday, September 1st. “The public prosecutor’s office will hear this case before the investigating chamber as soon as possible,” certifies the appeals court. Kamilya, who had been brain dead for several days, died this Sunday, the family’s lawyers announced.

The prosecution, like the investigating judge, who is leading the judicial investigation, had requested that the accused be placed in provisional detention. But the judge of liberties and detention placed him under judicial supervision only.

“The family is dismayed” that the driver was not placed in pre-trial detention, the latter’s lawyer, Nabil Boudi, told AFP. For his part, he did not “cannot comment on a court decision,” explaining that “This type of decision is always circumstantial.” According to him, “The appeal will be considered, generally within 10 to 15 days.”

On Saturday evening, the prosecution announced the indictment of a motorcyclist accused of having knocked down a 7-year-old girl on a pedestrian crossing by doing a wheelie to “unintentional injuries resulting in total incapacity for work for more than three months due to a clearly deliberate breach of a specific safety or caution obligation by a driver of a motor vehicle”. He was not known to the police or the courts until this tragedy and did not test positive for alcohol or drugs.

Pre-trial detention

As part of his judicial review, the motorcyclist must “report once every two weeks to the Antibes police station”, not to go to Vallauris or “to come into contact with the victim of the offence, his parents, brothers and sisters in any way whatsoever”. He also had to hand over his driving licence to the court registry and is prohibited from leaving the Alpes-Maritimes department.

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.

On Facebook, the father of 7-year-old Kamilya expressed his anger at the lack of pretrial detention, writing: “Long live French justice”. He also said that his daughter was “arrived dead at the hospital”, suggesting that she was brain dead. The authorities had indicated in their initial communication that her prognosis was “very committed”.

Updated at 7:20 p.m. with the announcement of the girl’s death by her family’s lawyers.

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