Jonathann D. acquitted of charges of slanderous denunciation

Jonathann D., who is currently serving a 25-year prison sentence for the murder of his wife Alexia, was acquitted of charges of slanderous denunciation brought by his in-laws on Friday by the Besançon Criminal Court.

“Jonathann D. knew that the accusations made to the civil parties were totally inaccurate”, but legally, “the denunciation, to be criminally reprehensible, must be spontaneous”, notably estimated judge Guillaume Law of Lauriston.

However, “the statements made upon the arrest of police officers or an investigating judge cannot be considered spontaneous. Sir, there was no character of spontaneity (in your statements), you are relaxed,” he said. The 40-year-old former computer scientist listened to the reading of the judgment by videoconference from Ensisheim prison (Haut-Rhin) where he is incarcerated.

“We naturally expected an acquittal and the application of the law, and in particular the application of the jurisprudence of the Court of Cassation, of the criminal chamber. This is what the criminal court did,” noted with satisfaction his lawyer, Randall Schwerdorffer.

Prosecuted for slanderous denunciation

“Everyone can lie in the exercise of their defense rights, including Jonathann D.”, continued the council. “What would have been strange is to tell us that Jonathann D. did not have the right to lie because, morally, we did not accept it. The criminal court did not follow this logic. He said that the law applied to everyone, including Jonathann D., despite a certain popular opinion.”

He was sued for slanderous denunciation by Isabelle and Jean-Pierre Fouillot, Alexia’s parents, their daughter Stéphanie and her husband Grégory Gay, who were consequently dismissed in their requests.

Jonathann D. faced five years in prison, a sentence which would have in any case been confused with his conviction for murder. His in-laws also demanded 60,000 euros in damages, including 30,000 euros for Grégory Gay, 10,000 euros for Alexia’s sister and 10,000 euros for each of the parents.

“This decision does not surprise us given the position adopted by the prosecutor at the hearing, radically different from that which he had announced to us in writing, leading to the withdrawal of our complaint before the investigating magistrate,” regretted Gilles -Jean and Jean-Hubert Portejoie, lawyers for the civil parties. “We are immediately appealing the civil provisions. The Daval file is not finished.”

“Rare immortality”

During the investigation, Jonathann Daval initially admitted to being the author of the murder of his wife, before retracting and accusing his brother-in-law Grégory Gay of having strangled Alexia. The family then made “a secret pact to cover up the affair,” he claimed. Six months later, he finally admitted having lied and confessed again to the murder of his wife.

While recognizing the “rare immorality” of Jonathann D.’s accusations, the public prosecutor of Besançon, Etienne Manteaux, requested the acquittal during the hearing on April 10. He felt that it was “time to definitively close this Daval file on one side or the other”.

“I request release, for the benefit of the doubt,” he said. “The law and jurisprudence recognize that an accused person can lie, even if it is morally very hard,” he explained, ensuring that he “measures all the suffering of this family who felt soiled.”

“Again, my apologies. From now on, you will no longer hear from me,” Jonathann D. had promised his ex-in-laws at the end of the hearing.

The face of a grieving widower

Jonathann D. strangled his wife Alexia on the night of October 27 to 28, 2017 at their home in Gray-la-Ville (Haute-Saône). The next day, he transported her body to a wood before setting it on fire and raising the alarm, claiming that his wife had not returned from her jogging. Alexia’s body was found two days later.

For three months, Jonathann D. had shown the face of a grieving widower in the media, before being confused in the middle of the #MeToo wave, an affair which had had a strong impact on public opinion.

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