The continuation of the trial of the driver of a school bus, tried in Marseille for the fatal collision with a train in 2017 in Millas (Pyrénées-Orientales), remained uncertain on Monday September 26 after the hospitalization of the defendant and a request for suspension of his lawyers.
The second week of the trial began on Monday without Nadine Oliveira, 53, who, according to one of her lawyers, still had to undergo medical examinations.
Tried for homicide and involuntary injuries, the defendant had collapsed in tears Thursday during an interrogation intended to know if she had seen or not the barriers lowered at the level crossing where the accident which claimed the life occurred to six college students and injured 17 others, some of them very seriously.
The experts and certain witnesses, in particular a young girl sitting just behind her in the bus, maintain that she passed despite the lowered barriers, which she denies.
Taken care of by the firefighters on Thursday, Nadine Oliveira was hospitalized in cardiology.
Motion for recusal
“
I saw Nadine Oliveira yesterday (Sunday) afternoon around 4:00 p.m. at the Marseille Nord hospital and I learned that she was going to benefit from new examinations today, in particular of the liver since, as you know, she has been the victim of a heart attack
”, detailed one of his lawyers, Me Jean Codognès, in response to questions from the president of the court on the state of health of his client.
"
I found a very weakened woman
," he added, adding that his client was hospitalized in intensive care in the cardiology department.
Asked whether or not he would like to see the hearing continue in the absence of his client, a second counsel for the driver, Me Louis Fagniez, indicated that the defense was "
not satisfied with the end of the hearing for last Thursday
”.
"
You have made remarks which make the defense fear a lack of impartiality
", he launched to the president of the court, Céline Ballerini, against whom he filed on Monday "
a motion for recusal
".
This request is filed "
when it is considered that a magistrate or the court lacks impartiality, it is the first president of the court of appeal who is seized and must indicate whether or not the magistrate concerned
" has demonstrated of bias, Ms Ballerini explained.
A "slippage" according to the prosecutor
The trial was suspended until 2:30 p.m. (Monday) to examine this request, described by the prosecutor as "
slippage on the part of the defense
".
A slippage "
regrettable, which confuses humanity and impartiality, it is completely inappropriate, they want to confiscate the trial
", continued Michel Sastre, noting that such a request was not something "
trivial
".
“
It is inadmissible, it is unthinkable and it is scandalous
”, reacted for his part Sylvain Sede, the father of a teenager injured in the accident.
"
I think we have to be able to go to the end
" of the trial to "
turn the page
", even if the hearing continues in the absence of Nadine Oliveira, he estimated, while new testimonies from the civil parties, parents and adolescents, are scheduled for Tuesday and Wednesday.
Read alsoMillas trial: the driver hospitalized after breaking down at the hearing
In the absence of the defendant, the trial can theoretically continue, her lawyers representing her.
Stéphan Mathieu, father of a teenager who died in the accident, expressed for his part "
a feeling of disgust
" following the filing of the motion for recusal, intended according to him to "
save time
".
“
Above all, the trial must not be postponed for a long time because we are fed up, we want it to end quickly
,” added Stéphan Mathieu, for whom the defendant must participate following the debates, at least by videoconference, as suggested by the president of the court.
"
It's important for our future, for our lives, we are still bruised by this tragedy and in the name of the children, injured or deceased, she must be present, that she hears what we have. to say
,” he added.