The Court of Cassation examined Friday a first appeal from the Minister of Justice Eric Dupond-Moretti, indicted for "
illegal taking of interests
" in an investigation by the Court of Justice of the Republic (CJR).
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Gathered in a plenary assembly, its most solemn formation, the highest court of the judiciary examined the refusal of the CJR to hear the Attorney General François Molins, which was demanded by the defense of the Minister of Justice. The decision will be made on December 21.
At the heart of the debates, an opinion given by François Molins, also president of the Superior Council of the Judiciary (CSM), to Véronique Malbec, director of Eric Dupond-Moretti's cabinet, on the follow-up to be given to a first report by the General Inspectorate of Justice (IGJ) on the functioning of the National Financial Prosecutor's Office (PNF).
Indicted on July 16 for "
illegal taking of interests
", Eric Dupond-Moretti is notably suspected of having taken advantage of his position to settle accounts with three magistrates of the anti-corruption prosecution by ordering an administrative investigation against them in September 2020 .
Indicted for "illegal interest"
These magistrates had had his detailed telephone records ("
fadettes
")
scrutinized
when he was still a lawyer. He only "
followed the recommendations
" of his administration, defends Eric Dupond-Moretti. The Attorney General at the Court of Cassation "
having issued an opinion on the initiation of the administrative investigation which today constitutes one of the essential elements
" of the proceedings against Eric Dupond-Moretti, his testimony becomes essential "
for the demonstration of the truth
”, exposed in front of the plenary assembly Me Patrice Spinosi, lawyer of the Keeper of the Seals.
Argument reinforced, according to the defense, by an appeal in mid-September from Véronique Malbec to François Molins, during which he informed her that the referral to the IGJ seemed more adequate than the CSM, no disciplinary fault of the magistrates having been raised. It was a “
procedural reminder of principle
” and not of advice, explained François Molins in a letter addressed to the CJR, elements of which were cited at the hearing by Mr. Spinosi. “
At no time did François Molins, during his discussions with Véronique Malbec, raise the slightest question about a possible conflict of interest
"Seizing the IGJ against judges, noted Mr. Spinosi.
The three judges of the CJR's appraisal committee rejected the request for hearing of François Molins issued by the defense on 17 August decision upheld by the same appellate judges on 16 September.
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"
Logically enough, at least for their mental consistency, the three magistrates decide to agree with themselves
" and "
unreservedly approve their own decision
", mocks Me Spinosi, denouncing "
an excess of power
".
The procedure of the CJR, the only jurisdiction empowered to prosecute and judge members of the government for crimes and misdemeanors committed in the exercise of their functions, "
dysfunction
" and no longer guarantees the fundamental rights of the minister, estimated Mr. Spinosi.
The Keeper of the Seals lodged another appeal against the refusal of the CJR to cancel in particular his indictment.