With the interplay of pre-trial detention, sentences and the absence of a committal warrant, six accused from the Mazan rape trial emerged free at the end of these 15 weeks of hearing.
“My client is free, my client is free,” chants Me Christophe Bruschi, taunting the feminists gathered in front of the Avignon courthouse on Thursday for the verdict of the Mazan rape trial. The lawyer represented in this trial Joseph C., one of the six accused who emerged free after the reading of the verdict before the Vaucluse criminal court.
All were found guilty of the charges against them. But between the automatic sentence reductions, provided for by the law in force at the time of the facts, the age of the defendants or the sentence adjustments, these six accused therefore do not return to prison.
Joseph C. was the only accused to be tried by this criminal court for “sexual assault”, acts committed during his only visit to the Pelicot home in June 2020. Aged 69, this retiree, father of a daughter, had denied having been aware of Gisèle Pelicot’s state of sedation.
“If I had known that he was drugging his wife and raping her, I would have gone to denounce him,” he defended himself on the stand on November 18.
The requisitions had been the least onerous for Joseph C. The attorneys general had requested a sentence of 4 years of imprisonment. The criminal court finally found him guilty of sexual assault on December 19 and sentenced him to 3 years in prison, including 2 years suspended, without issuing a committal warrant. Having already completed a period of pre-trial detention of 9 months after his indictment in this case, the retiree therefore emerged free from the court.
Special deliberation of the court
Saifeddine G. was also able to leave the courtroom, without the court issuing a committal warrant against him. He was found guilty, but Saifeddine G., a 37-year-old truck driver, was on trial for a rape committed against Gisèle Pelicot in November 2019. The Vaucluse criminal court considered that the facts should be reclassified as “sexual assault”, and sentenced him to 3 years in prison, two of which were suspended.
This sentence, much lighter than the requisitions – 10 years requested – allows him not to return to prison even though he has already served a six-month prison sentence under pre-trial detention following his imprisonment. under examination in this case.
“My client is very satisfied,” said Me Louis-Alain Lemaire this Thursday. Jacques C., like the other detainees, faced a sentence of 20 years in prison for aggravated rape. The public prosecutor had requested a sentence of 10 years’ imprisonment for this 73-year-old retiree, who denied any act of penetration of Gisèle Pelicot. The court finally sentenced him to 5 years in prison, 3 of which were suspended.
“You emerge free by special deliberation of the court,” added its president during this verdict.
Remainder of sentence
Didier S., Philippe L., Hugues M. were all three sentenced to 5 years, including 2 years suspended. 10 years of criminal imprisonment had been requested against these three accused who once came to the home of the Pelicot couple in Mazan. The first, a 68-year-old retiree, served 10 months of pre-trial detention, the second, a 62-year-old gardener, 16 months and the third, a 39-year-old man tried for attempted rape but who faced the same sentence as for rape , served 7 months in pre-trial detention.
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For these three men, as for the others, they therefore have a “remainder” of sentence of less than two years to serve. “With the pre-trial detention carried out, in addition to the application of the sentence reduction credit, my client will therefore be summoned later before the sentence enforcement judge for an adjustment”, deciphers Me Roland Marmillot, lawyer for Didier S. An adjustment that can be done by wearing an electronic bracelet.
“I respect the court and the decision rendered,” reacted Gisèle Pelicot after the verdict. This verdict was considered too lenient by the children of the Pelicot couple, David, Caroline and Florian, “disappointed” with these “low” sentences handed down by the five professional magistrates of the court, according to a member of the family, who requested the ‘anonymity.
