Indicted then imprisoned at the beginning of April for a series of charges linked to Corsican banditry, magistrate Hélène Gerhards, investigating judge in Corsica from 2010 to 2016, was released this Wednesday by the investigating chamber from Aix-en-Provence (Bouches-du-Rhône).
Hélène Gerhards made a request for release on Tuesday. “I have not committed any crime and have never colluded with organized crime! ", defended herself before the investigating chamber of the Court of Appeal of Aix-en-Provence, the woman who was president until January 2023 of the Assize Court of Lot-et-Garonne, assuring " having betrayed no oath.”
Eleven charges
This is the first time she has spoken since her indictment on 11 charges, including embezzlement of public funds and forgery of public documents by a holder of public authority, and her placement in pre-trial detention on April 5. Exceptional decisions concerning a magistrate. “The incarceration of a magistrate, an extremely rare occurrence, justifies that justice does not make mistakes,” warned one of his lawyers, Yann Le Bras. He described a “magistrate of integrity, passion and who conducted her affairs with pugnacity”.
Conversely, Advocate General Jean-François Mailhes had requested the continued detention of the magistrate in order to “avoid any major risk of fraudulent consultation” between the parties. Starting point of this case: the interception by the police of a telephone discussion between Corsican personalities known for their link with organized crime, including Johann Carta, during which one of them spoke of his proximity to the judge of instruction. Johann Carta, convicted fourteen times, among other things for contempt and concealed work, is an alleged member of Corsican banditry close to the “Petit Bar” mafia clan.
This discussion concerns in particular work carried out in the 320 m2 villa with sea view south of Ajaccio belonging to Hélène Gerhards and her former partner, a former police officer, which would not have been fully invoiced. Purchased for 600,000 euros in 2011, the villa will be worth more than 2 million in 2022 when it is put up for sale. “How can this villa achieve such a valuation” and “with only 15,000 euros of invoices found”, questioned the attorney general.
Start of the investigation in 2020
Investigators, who have been investigating the case since October 2020, suspect the magistrate of having “provided services” in exchange, including information on ongoing legal proceedings and legal advice. Hélène Gerhards is also suspected of having established false expert commission and translation orders mainly for the benefit of her ex-husband. Facts for which she is accused of “embezzlement of public funds”, for a total amount of 123,000 euros.
According to the defense, it was Hélène Gerhards' ex-husband who "abused" and "manipulated" him, masterminding all the embezzlement. “The file is inquisitorial: there is nothing here, it’s all black! », Exclaimed Caty Richard, another of her lawyers, denouncing “the destruction of an honest magistrate”. She recalled that her client had, during her visit to Corsica, put members of the “Petit Bar” in prison, subsequently leading “to her being placed under police protection”.