“We make Raphael's death a simple accident,” deplores France Rabbolini, very moved.
We made him a culprit.
I want him to be recognized as a victim.
This Friday afternoon, this mother of Igny (Essonne) testified as a civil party at the bar of the Paris Court of Appeal.
After losing in the criminal justice system, she hopes to be heard by this civil jurisdiction.
On February 26, 2007, his life turned to tragedy.
His 12-year-old son, Raphaël, left to play with his brother, Charles, and some friends in the Bois de la Normandie in Igny, where there was a house in ruins.
A 12-ton concrete slab collapsed on Raphaël, who died a few minutes after the arrival of help.
Another comrade will be injured.
Raphael, who was 12, was crushed to death while playing in the woods with his brother and friends.
DR
This abandoned building is located on land belonging to the town hall of Igny, which the children discovered ten months earlier, during a cleaning operation organized by the school and the municipality at the time, with 730 students and about twenty adults.
Raphaël's family files a first complaint for endangering others.
But the investigation was quickly closed because of “insufficiently characterized offenses.
Another complaint with constitution of civil party is filed for manslaughter.
Despite a requisition from the prosecution for a dismissal, the investigating magistrate returns the file to the correctional.
"I want us to finally recognize the error of the town hall"
The case was tried by the Evry court on June 5, 2018, which released the town hall of Igny.
"We felt mocked by justice, said France Rabbolini at the bar of room 9 of the Paris court on Friday.
I want us to finally recognize the error of the town hall.
From the start, we have been treated with contempt.
If the former mayor of Igny had shown us a minimum of respect, I would never have taken all these steps.
"
Before the hearing, the mother confides "to be exhausted", while clinging to her thick file on which she pasted photos of Raphael.
“Fourteen years later, I can't stand having to fight again for responsibilities to be recognized.
Some people tell us to move on, I will never get over the loss of Raphael under these conditions.
People do not understand our steps, because when we turn to the civilians, we are asking for damages.
I'm not doing it for the money, nothing will ever replace my son.
So I only had this recourse to finally obtain justice.
"
His lawyer pleaded in court for the town hall of Igny to be ordered to pay 50,000 euros to France Rabbolini and 30,000 euros to Charles, the brother of the deceased who attended the drama, and 30,000 euros to Paola, Raphael's twin sister .
Igny (Essonne).
After the tragedy of February 2007, the city had the building razed to the ground.
LP / Sébastien Thomas.
"In the criminal court, the town hall of Igny assured to ignore the existence of this abandoned house, pleads Me Philippe Benamou.
But it was located on land that belonged to him.
She should therefore have secured the site.
Moreover, after the tragedy, she razed the building, which she should have done long before.
My client is not a litigator.
She fights so that this kind of drama does not happen again, neither in Igny nor elsewhere.
She fights against the denial of responsibilities.
"
"Everyone is deeply sorry"
The defense lawyer, Me Véronique Boulay, takes another look at the case.
She even considered that the civil chamber was not competent to judge the case.
"The town hall of Igny, which has been definitively released, is a legal person," says the lawyer.
Its civil liability cannot be engaged.
It was before the administrative tribunal that we had to turn.
"
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The president of the court having all the same wanted to raise the case on the merits, the lawyer addressed words directly to France Rabbolini: “The commune and the former mayor of Igny know how much this drama is extremely painful.
The former mayor did not know how to best react.
Everyone is deeply sorry.
I want to tell the civil party that the law can seem cold, but not the people.
Since I have been in charge of this file, I have often thought of you and your children.
But justice must apply, there are rules of law, it is not a lack of humanity.
"
Judgment expected on March 10
Because if she says she understands the family's pain, the lawyer does not budge: "The town hall did not know of the existence of this house in ruins, and therefore was not aware of the existence of a danger. .
The Evry court has established it definitively, your court cannot re-judge this case.
"
The court's decision has been reserved for March 10.
"Be sure madam that the court will take all the attention necessary to study this file," indicates the president of the court to Raphael's mother.
Words that put a little balm in the heart of France Rabbolini. "Whatever the court's decision, I am happy to have been able to be listened to," she breathes, still on the verge of tears. The president was very human. I feel like this is the first time that we have taken our pain into account. "