The appeal trial of two men involved in the assassination of peacekeeper Xavier Jugelé on the avenue des Champs-Élysées in April 2017 opens Monday before the special assize court in Paris.
On April 20, 2017, Karim Cheurfi killed this policeman and injured two of his colleagues as well as a German tourist, before being shot down by return fire.
Xavier Jugelé was driving a police van parked at the top of the Champs-Élysées to secure the cultural service of the Turkish embassy.
The attack, three days before the first round of the presidential election, had hardened the end of the campaign and put the debates on the fight against terrorism back on the front of the stage while France had suffered in 2015 and 2016 a wave without precedent for attacks.
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At first instance, four men accused of having helped him obtain his assault rifle were tried.
Sentenced to ten years in prison while the National Anti-Terrorist Prosecutor's Office (Pnat) had demanded 18 years of imprisonment against him, Nourredine Allam, 32, will again be in the box of the accused, with by his side Médérik Marinne, 29, only accused acquitted at first instance, who will appear free.
Accused of having sold a Kalashnikov to the killer, Nourredine Allam, described as a “
small crook
” by the investigators, had been tried at first instance for terrorist criminal association.
But this qualification had not been retained by the court which had considered that the “
simple fact of selling a weapon to a dangerous individual likely to kill police officers is not enough to characterize a terrorist offense
”.
As at first instance, the main question of the appeal trial will be to determine whether Nourredine Allam knowingly armed Karim Cheurfi.
The prosecution had conceded that Nourredine Allam was not "
radicalized
" and that his only motivation was the lure of profit.
“
A problem with the police
”
The Pnat had challenged this point of view, emphasizing in its requisitions that the accused was “
the one who put a weapon of war in the hands of a terrorist
”.
"
A Kalashnikov is to carry out a massacre and nothing else
," insisted the Pnat.
The conviction for association of terrorist criminals (AMT) does not suppose that the accused is radicalized or that he has knowledge of a plan for an attack.
For the AMT to be established, it suffices that the accused be aware of the radicalization of the killer.
But, in the first instance, the radicalization to the Islamist cause of Karim Cheurfi had not been demonstrated.
Several witnesses had described him as “
a madman
” who had “
a problem with the police
”.
The Pnat himself had recognized that the killer drank, smoked and did not know how to say his prayers.
The Islamic State (IS) organization had opportunistically claimed responsibility for the attack, making a mistake in its statement about the identity of the assailant.
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During the appeal trial, Nourredine Allam will be tried for simple criminal association with a view to preparing a crime.
Tried for unauthorized possession of war material, Médérik Marinne, a former school animator and son of a police officer, was the only defendant acquitted at first instance.
His fingerprints had been found on the killer's weapon.
During his interrogations, he explained that he touched the weapon "
by accident
" while he was in the company of Yanis Aidouni and Mohamed Bouguerra, the two men accused of having sold the Kalashnikov to Nourredine Allam and who, at first instance , were respectively sentenced to six years and five years of imprisonment.
During the trial at first instance, the prosecution had requested a sentence of 24 months in prison, including 12 suspended against Médérik Marinne.
The appeal trial is scheduled until October 7.